An Interesting Case.

Gisborne Standard and Cook County Gazette, Volume II, Issue 226, 24 November 1888, Page 3

An Interesting Case.

A CASE of some interest was heard at the R.M. Court last Saturday, R. Little claiming £23 2s 6d from G. L. Greenwood (Sheriff of Supreme Court) for horse hire and damage to horse. Judgment was reserved until Thursday morning, and then Mr Booth gave it in favor of the defendant, with costs, £2 Bs. Notice of appeal was given. The following is a report of the evidence taken in the case .— R. Little deposed that he had let the grey mare to D. Murray, who said that it had to be charged to Mr Greenwood. The mare was he considered the best in his stable, and was perfectly sound when given t<> Murray. D. Murray deposed to having hired the mare (which was outside the Courthouse) from the plaintiff on the sth September. He was then acting in the capacity of Sheriff’s officer. The mare was ridden to Turehau by Hull. He also had two other horses from Little on the same day, and he was not acquainted of the accident till the 15th He had a conversation with Little on that day, but he did not tell the plaintiff of the injuries the mare had received. By Mr DeLautour: When he hired the horses he told Little they were to be charged to Mr Greenwood, and to keep a separate account. He charged his expenses to Mr Greenwood, that was while acting as Sheriff's officer. Cross examined by Mr Brassey : Knew Mr Greenwood had offered to pav the horse hire before the case came into Court, and that the money was since paid into Court. He saw Mr Greenwood give Hull his wages by cheque, the same being deducted out of the sale account.

A. McDonald deposed to seeing Hull riding the mare at Turehau. He with some of the other station hands, accompanied by Hull, went for a race on the beach, and as they were galloping along the mare suddenly fell on some papa rock, and received some cuts on the head and flank, besides being slightly bruised. She went lame a few days after the accident, but had since improved greatly. Valued the mare before the accident at £l5 or £l6. Hull attended to the mare immediately after the fall. By Mr DeLautour : Did not remember who suggested they should have a race. Mr B >oth censured the last witness in not telling Hull of the danger that ex sted in galloping a’ong the beach. It was quite clear that McDonald should know what danger there was for people not accustomed to the beach. W. Lougher: Remembered the day on which the accident occurred. He was going with McDonald to skin sheep and saw the mare fall with Hull. He did not think the mare was much hurt; it only received a few cuts. By Mr DeLautour : He did not notice any swelling ’ill a few days afterwards. H. Hull recollected going to Turehau as Murray’s assistant. He was paid his wages by Mr Greenwood. Mr DeLautour said before bringing any evidence for the defence he would deny any liabi ity for the damage. Mr Greenwood was quite willing to pay the horse hire to Little, but he could not hold himself responsible for what might occur. Mr De I aurour also stated that the defendant had written to Little saying that if the money was not accepted the sooner the matter was settled in theR.M. Court the better. He contended that there was no contract entered into between Lit'. e and Mr Greenwood, and that should it be urged that they were bound as between master a -d servan', it could be proved that Hull was not engaged in his duties when the accident occurred, and therefore Mr Greenwood could not be held responsible. It was proved that Little was still, retaining the mare, and that he had received in hire £5 since the accident.

G. Matthewson deposed that he had a large experience with horses. Knew the mare and saw her after her return from Turehau. The skin was slightly rubbed off her head and she seemed rather lame, which would unfit her for work for some time. He did not think the mare had received substantial injuries, and considered she would be well again in ten days. The value of the mare was about £lO, as the market was considerably overstocked.

, By Mr Brassey ; The mare was not sufficiently damaged to incapacitate her from work for any considerable time. He would not guarantee to get the horse sound within any given time. D, Murray (recalled) : Had a conversation with plaintiff after Mr Matthewson had seen the m »re, and told h m to apply the liniment ordered by Mr Matthewson. G. L. Greenwood: Was Sheriff of the Supreme,Court. Remembered Little speaking to him about the damage the mare had received. During his experience as Clerk of the R M. Court he had always found that a higher price was generally placed on a horse after an accident than what the animal had been really worth. He did not authorise Murray to hire any horses on his account. By Mr B assey : Hull was working for Murray. Paid him, as his account was certified to by Murray. He did not say that he was not liable for the horse hire. G. M irkie gave unimportant evidence. , Mr DeLautour considered they were entitled t’> a verdict. Had it been proved that Mr Greenwood was liable he could not be responsible for Hull’s negligence, as at the time of the accident Hull was not in the execution of his duties. Mr Brassey, then went into a long argument, in which he cited several cases to prove that the plaintiff should be entitled to recover damages, and also stated th t Little was reluctantly compelled to take these steps owing to the great loss he had sustained. The case resulted as above.