BALCLUTHA.

Clutha Leader, Volume V, Issue 218, 13 September 1878, Page 5

BALCLUTHA.

Wednesday, Sept. 11, 1873. (Before E. H. Carew, Esq., 11.M.) Gedge v. Inew^ox. — Claim, L 36 3s Gd. Mr Reid for plaintiff, and Mr Taylor for defendant. The cross-examination of Mr Newson, who had been called on behalf of the plaintiff, was continued. Messrs A. W. Legge and R. G rigor were also examined on the plaintiff's side. For the defence, J. W. Newson and Alex. M'Neil were called, and gave evidence. Judgment was reserved for a week. (Several cases were called, and dismissed for non-appearance. Macdonald v. Desmarest. — Mr Henderson for plaintiff. A fresh summons was ordered to be issued free of costs. In M'Guimiess v.. Eraser, M'Neil v. Fraser, and Ditton v. Eraser, in :ill of which Mr Henderson appeared for plaintiffs, the time of service was extended. Lloyd v. M'Neil. — Claim, L2O, for damage to a horse hired by defendant. Mr Taylor for plaintiff, and Mr Reid for defendant. Win. Lloyd said he let a horse to defendant to go to a wedding at Kaihiku. Defendant -left at a pretty good gallop, and plaintiff watched him as far as he could. Plaintiff told defendant not to go too fast because the horse had been standing in the stable for some time, and young fellows generally go too fast and race. The next time plaintiff saw the horse was when defendant brought him back in about three-quarters of an hour. He was leading the horse, which was dragging its near fore-foot. Plaintiff asked what was the matter, the horse being in a sweat. Defendant said the horse went lame, in fact he must have been so when he was taken put. The shoulder was knocked out, and the horse will never be worth anything again. The horse had seen a good deal of work, but he was a good one. He cost Ll5, but was worth L2O. Cross-examined by Mr Reid : This horse was worked in the coach for four months. Ho was once brought back lame by the groom. It was before 6 p.m. when defendant came for the horse. A man from Begg's station was after the horse. Plaintiff "told defendant this man was offering for the horse. Geo. Lattimore gave corroborative evidence. D. M'TSiven, blacksmith : I used to shoo the horse. I shod him on the 11th of June last., and there was nothing wrong with him then. The horse is now walking on three logs. Eighteen pounds would be a fair market price. I don't think anyone would take him now. I don't think he will recover. John M'Kene also gave evidence. This closed plaintiff's cas^. A. M'Neil, sworn, said : I am a carpenter, and work till o p.m. T hired the horse to go to a wedding at Kaihiku, to which I was invited. I have been riding horses off and on for twelve years. I went about half-a-mile with the horse when lie went lame, and I returned with him with" a bad shoulder and hind leg. I rode the horse very carefully. Cross-examined by Mr Taylor : I was not in a hurry to get to the marriage. I did not notice that the horse was lame till I got to Tosh and Oossen's place. I got off the house to see if there were any stones in his hoof. I on again and went a little further, and met Wilson. ' Corroborative evidence was given by D. Wilson, W. Tyler, and James M'Neil. His Worship said there was clearly no evidence of negligence, and Mr Taylor elected to take a nonsuit. Plaintiff nonsuited accordingly, with costs, 20s ; and professional fee, 21s. MacfaMjANFi v. Shaxjd. — Claim, L 5. Mr Taylor for plaintiff, and Mr Henderson for defendant, who pleaded not indebted. Plaintiff nonsuited, with 10s costs.