RIDER INJURED.

Hawera Star, Volume XLVIII, 26 June 1924, Page 12

RIDER INJURED.

HEDGE CLIPPINGS ON LOAD. DAMAGES AWARDED. Before Mr. A. M. Alowlem, S.AJL, at Elthain on Tuesday, E. J. Curtis claimed £29 13s Irom J. Ire Murray, damages lor injuries'resulting from an accident, alleged to have been caused through the negligence of defendant. Air. Chrystal appeared lor plaint ill" and Air. Clement for defendant. The first Avitncss calle<l Avas the ■plaintiff, Edward J. Curtis, who said that on November 2G last, he was- riding his horse and a man spoke to him. His horse slipped aiui toppled over. He had to he- attended to by Dr. Cooper. His hor.se had struck a mass of hedge clippings and turned a. complete somersault. He Avas positive that the heap of clippings caused his horse to stumble. He Avas cantering .slowly. His lior.se had never fallen before. After the accident lie went to Dr. Cooper, avlio told him his collarbone Avas broken and that he Avonkl have to be out of Avork for three Aveeks. His collar-bone Avas broken in three plaices. He had been employed by the West End Meat Company. He Avas a month out of Avork. He Avas only fit for light Avork for' six Aveeks. Air. Murray promised to “square” him up. Subsequently Murray declined to pay, saying he had “heard something.” His ay ages Avere reduced oAving to his incapacity for heavy \A'ork. He had a life experience Avith horses. He Avas confident that the rubbish caused liis horse to stumble.

James lire Alurray said he was a retired farmer living in Elthain. A man had cut his hedge and put the clippings on the road. George RoAve first told witness of the accident. He had never interfered in any Avay with the rubbish. The street Avas a rough one, and feAV people would car© to canter a horse OA r er it. There wa.s a hole a quarter of a mile away, and Avitncss had been told the accident occurred there,

By Air, Chrystal: Curtis came to him after the accident, and Avitncss would ha-ve paid him because he bell ei'ed him. He had heard statements that the horse had stumbled in a hole, and that was the reason lie did not pay Curtis.

Henry John Stunners said be Avas a re si dent of Eltham. He knew Curtis personally.

His Worship objected to- a, question (which Avitness aaus about to answer) by Air. Clement as to Curtis’ habits as a rider.

Air. Clement quoted legal authority bearing on the case 1 , contending that a man must shey due prudence, and if not, then the responsibility tested on that person, and if he met with any obstruction then it'was at’his oayu risk. Ourti.s, on a clear night, should have seen the obstruction, and it had been shown that it was a clear night, Air. Chrystal said that in the- eases quoted by. Air. Clement, different conditions existed. The clippings wouid blend Aiith the grass, making A r isibility almost impossible. Kirk’s evidence clearly proved horv the accident occurred. He, contended that his case had been amply proved. His Worship said the obstacle was there—a danger to the public. The question was: Did the plaintiff, by fading to- keep a proper look out, contribute to the accident ? It was plain that the accident Avas caused by the act of Murray. At least that was the evidence. Curbs had been accused of having a habit of riding too quickly but this had not been proved against him on the- night of the accident This point- the Court had to- consider. The case was not an ordinary one T)' ov , of £9n° n1( il b r a ' varded to th « 'amount of £2O, with Court costs £2. Avitnesses expenses 6,s and solicitor’s lbe t° [oL —Argus. “ -■