DEATH OF STOCK BY POISONING

Press, Volume LXXXVI, Issue 26120, 24 May 1950, Page 4

DEATH OF STOCK BY POISONING

APPEAL BY RABBIT BOARD FAILS £6O DAMAGES AWARDED TO FARMER “The Press” Special Service HAMILTON, May 21. n/r, t V bearing occupying two days, Mi Justice Callan dismissed an appeal lodged by the Meringa Rabbit Board, n Sley, against the decision of Mr A. Coleman, S.M., in which he gave judgment for .£6O damages in tavour of John Jeffree Pendray, farmer, Taumarunui (Mr E. M. Mackersey), for the loss of three heifers which died through eating rabbit poison. It was contended for Pendray that he had agreed that the poison should be laid by the board on his property when he returned from holiday and when he had removed his stock from the padclocks to be treated. While he was away the poison had been laid and three heifers valued at £6O had died. The rabbiter who laid the poison said he had been instructed to do the work while Pendray was away. It was contended for the board that the rabbiter was the employee of Pendray while he was working on the property and not the agent of the board. His Honour held that the board was responsible for the laying of the poison and for the loss of the stock. When dealing with the question of costs, Mr Mackersey said that the North Island Rabbit Boards’ Association was supporting the appeal and that it had limitless funds. His Honour said that no one had limitless funds these days. He certified for the second day and allowed £2l costs, besides witnesses’ expenses and disbursements.