INJURY ON TRENTHAM RACECOURSE

Press, Volume LXXI, Issue 21581, 18 September 1935, Page 22

INJURY ON TRENTHAM RACECOURSE

CLUB HELD NOT LIABLE (PBES9 AiSOCUTTOK T3LIOHAM.) WELLINGTON, September 17. Arising from being kicked by a racehorse, on the Trentham racecourse on January 22, the claim brought in the Supreme Court by William Thomas Moloughney, . a fire brigadesman, against the Wellington Racing Club, was not upheld by Mr Justice Reed, in'a reserved judgment on the case delivered to-day. The claim was for £129 6s, the plaintiff alleging that his arm had been broken. Plaintiff, on the date mentioned, was walking on the footpath bordering the saddling paddock when he was kicked by Kemal Pasha or Cyclonic. There was a complete failure to prove the identity of the horse responsible owing to the similarity in their appearance, and plaintiff therefore contended: (1) That the saddling paddock should have been fenced so as to protect persons passing along the footpath, and (2) that it was the duty of the club to ensure that horses parading in the paddock were kept under proper control. Holding that there was no evidence of any breach of duty on the part of the Club or failure to comply with any terms or implications arising from its contract of admission with the plaintiff, his Honour gave judgment for the defendant, with costs according to scale. ,