NEWSPAPER SUED

Evening Post, Volume CXX, Issue 112, 7 November 1935, Page 7

NEWSPAPER SUED

VETERINARIAN'S CLAIM

TREATMENT OF RACEHORSE

(By Telesrraph—Pres9 Association.)

BLENHEIM, November 6.

Evidence was taken in the Blenheim Magistrate's Court today in a case in which H. E. Martin, veterinary surgeon, of Christchurch, is suing the Christchurch "Press" for £25 as damages for alleged injury to his prof es-' sional reputation arising from the publication of : a paragraph which he claimed reflected on his skill and ability, The case centres round the treatment of the well-known racehorse Vintage, belonging to Mr. D. W. Westenra. of Dunsandel. The plaintiff alleges that it was well known he was treating Vintage, and that he had diagnosed a "bruised sole," but on August 23 the "Press" published a paragraph as follows: "No further lameness.—For the last two weeks Vintage's track work has been gradually increased, and he has been standing up to the test very satisfactorily, lie has had further treatment, but this time to the shoulder, since when he has not shown any signs of his, former lameness."

The plaintiff took exception to this paragraph for the reason that it was a well-known fact that he was attending to the horse and was treating it for foot trouble and not shoulder trouble, and that the paragraph left the impres-' sion that he had been mistaken in his diagnosis and treatment and that as soon as appropriate treatment to the shoulder was applied the horse recovered. Accordingly the plaintiff's solicitor asked the defendant paper for a withdrawal and publication of an explanation, but the "Press" replied that it was absurd to regard the paragraph as defamatory, and pointed out that the plaintiff's name was not mentioned therein.

John Joseph Corry, the well-known racing owner, said he was conversant with Vintage's trouble, and the plaintiff had treated his. own horse Korero for a similar trouble very successfully. On reading the paragraph now complained of he came to the conclusion that' the plaintiff had incorrectly diagnosed Vintage's complaint, and on September 2 wrote to Martin expressing the hope that he had not made the same mistake in regard to Korero, who was by then in Australia, having, recovered so well as to justify the expense of the trip. He pointed out to Martin that in.,-the circumstances he would, have to have his horses in Australia continuously under the eye of a veterinary surgeon, and would expect Martin to meet the expense. "Apparently," concluded the letter, "one is only a chopping-block for il!consid- Tered opinions, even if you can definitely tell, anyway."

This concluded the Blenheim evidence, and the case will be resumed at Christchurch.'