HORSE KILLED

Evening Post, Volume CVIII, Issue 118, 14 November 1929, Page 6

HORSE KILLED

CLAIM FOR DAMAGES FAILS

(By Telegraph.)

(Special to "Tha Evening Post.") AUCKLAND, This Day. The claim for damages for the loss of the racehorse Welkne in an accident on the Great South road, near Penrose, occupied Mr. Justice Herdman and a jury in the Supreme Court yesterday. Tho horse had to be destroyed after it had collided with a motor-ear on Loth September. His owner, Bernard Goldwater (Mr. Northcroft) claimed from the driver of the car concerned, Albert Schubert, builder's foreman (Mr. West), £525 for the value of the horse and £3 3s veterinary expenses. The plaintiff claimed that the car' had been driven into the horse with violence, but the defence was that the horse had got out of control and had reared and fallen on to the car. The jury eventually returned a majority verdict for the defendant. In cross-examination, defendant Schur bert said he had slowed his car down, about a chain and a half away from the horse because he saw that it was restive. Nelson Taylox-, who was a passenger in the front of defendant's car at the time, said the horse had reared up and fallen on to the front of the car just as it came to a standstill. Angus William Gordon, stipendiary stew-, ard of the Auckland Racing Club, said he would consider Welkne worth about £250 at the time of the accident. John Paterson, a merchant, valued Welkne at between £200 and £300. "If 1 had been offered the horse for 200 guineas I would have looked twice before I would have paid that for him," said John M. Rae, horse trainer and horse owner. He described Welkne as being in a "very ordinary sort of class." "You are not'entitled to have that information," said his Honour when the foreman of the jury inquired if there had been any insurance on the horse. His Honour added that disclosure of such information had been made a ground for a new trial in England. After a retirement of three >hours and a quarter the jury returned, and the foreman reported that it had reached a verdict by nine to three. His Honour: '.'ls there no probability of your being unanimous?"

The foreman: "No, sir." His Honour: "Not a possibility V —"Not a possible chance. The verdict is for defendant."

His Honour thereupon entered judgment for the defendant with costs.