LOSS OF WELKNE.

Press, Volume LXV, Issue 19775, 13 November 1929, Page 15

LOSS OF WELKNE.

£528 CLAIM AGAINST MOTORIST. RACEHORSE KILLED IN COLLISION. [THE PRESS Special Service.] AUCKLAND, November 12. The racehorse Welkne figured in a claim for damages heard before Mr Justice Herdman in the Supreme Court to-day. Plaintiff was Bernard Goldwater (Mr Northcroft), the owner of the horse, who claimed from Albert Schubert, builder's foreman (Mr West), £-528 3s damages, of which £525 was the value he placed on the horse and £3 3s veterinary expenses. The horse was killed in a collision with a motor-car owned by defendant, on September 25th on the Great South road. Plaintiff alleged that the car was driven into the horse with violence. Defendant alleged in answer, that the horse was not under proper control, and that it had been frightened by steam from a neighbouring factory, so that it became unmanageable, and swerved suddenly oil to defendant's car. William Fergus, horse-tiainer, who was in charge of Welkne at the time of the accident, said his charge was usualiv quiet and not troublesome. A b!ast of steam from the glassworks near Penrose caused the horse to whip round and try to run away. He continued to jump round. A bus came along and stopped. Witness called out "Stop!" to a motor-car that was coming on, but it did not stop until it hit the hone on the rump. The horse's feet were knocked from under it and it fell, and afterwards had to be destroyed. Witness fell on the concrete and was somewhat dazed. A similar account of the accident was given by Benjamin John Bowden, railway employee, a passenger in the bus. Arthur Wellington said thn horse was practically stationary when the ear hit it. The car was going between 15 and 20 miles an hour.

Evidence that Welkne was a quiet horse, used to traffic, was given by John Thorpe, trainer of the horse. Wclkne was imported from Australia by Mr Wilfred Stead, and wag a six-year-old. Mr Goldwater bought him for £3OO about two years ago, with a view to maturing him as a hurdler. He had raced six or seven times, and won a rase at the Elleralie June Meeting. Witness valued him at a flat horse at 500 guineas, and he promised very well as a hurdler. Mr West, witness said Welkne had ten starts and had won one rate. He had cost £470 or more tor riding fees, shoeing, entries, nominations, and acceptance". Mr West: It is pretty well known that the time he won at EUerslie the owner did not have anything ton him. Witness: The first I knew of it. Well, did the owner back him? — Yes, he backed him on mv instructions. How did you know he was going to win after nine failures?— How did I know? I only thought, In answer to further question*, witness said: "You would have been a winner if you had backed him every time." Dr. William Charles Ring, veterinary surgeon, valued Welkne at £-V2oHe said the horse was valued at what an owner might reasonably expect to win with him in the next twelve months. Albert Charles Hill, manager for the Auckland Racing Club at Elferslie. sr.id Welkne was thoroughlv sound and was well worth £.y>o. Harrev Nicholson, retired farmer and racehorse owner, described Welkne as ' a fine big horse with a lot of pace, just coming to his l*vt." He should be worth easily between £-500 - 1 r > d £6OO.

Mr West, opening his case. siid the defence would sav that the very thing the driver did not try to do wns to pa»« the hor*e. The horse suddenly moved out on the road and backed until it practically sat down on the tront of the car. " C ounsel described th* claim as the owner's last gamble on his horse. Defendant said the hor-e lia'J given no indication that it was going to spring out on to the road. When witness was nix feet awav the shied on to the concrete. His car was p 1 *? 0 " ticaMy stopped when the horse tell with its rump on the radiator and slipped on to tne concrete. His brakes were good and he had pulled up- The rider admitted that the steam had frightened the horse and that he had been watching the bus in the opposite direction. The horse would have been hit on the legs and not on the runap if hit oar had run into it. The hearing was adjourned.