A BOAR AT LARGE.

Hawera Star, Volume XLV, 9 July 1925, Page 10

A BOAR AT LARGE.

NEIHHOUR’S BOY INJURED. CLAIM FOR DAMAGES DISMISSED. As a i-esult of a boar going through a hole in a hedge into a. neighbouring property and while there injuring a fifteen-year-old boy, who was incapacitated lor some considerable time, litigation recent y took place, and at the Eltham Court on Tuesday last Mr A. M. Mowlein, S.M., gave his reserved decision in the case. A claim for damages was laid by Joshua Mellor Gatentiv against Maurice Rogers, both of Mangatoki. It wi’l be remembered that”at the sitting of the Eltham Magistrate’s Court held a month ago Gatenby sued Rogers for £23 14s, being hospital expenses and wages pawl by plaintiff for extra labour and also claimed £ls genera':.damages. Evidence was given at length to the effect that the injured boy had enedavoured to chase the boar off his father’s property, and as it was about to depart through a hole in the hedge,he had struck it with a stick, infuriating the animal, which turned on the boy and inflicted iniuries to his legs. In giving his decision, the magistrate said he was convinced that defendant had not kept his hoar properly confined, and, according to evidence, it was a most impossible animn.’ to have at large. The defence had been laid under the grounds that (11 defendant was not responsible for the act of the boar without proof of scienter ; (2) the dividing fence between the properties was not sufficient within the meaning of the Fencing Act; and (3) that assuming linbilitv in defendant, the damages claimed were under a'l the circumstances too remote, and were not the natural and probable result of the' trespass by the hoar. The magistrate believed that in the second point laid the answer to plaintiff’s claim. The Act stated that the occupier of any unfenced land should not be entitled to recover anv damages for . damage done bv cattle except legal driving fees. ■Catt’e included pies. The magistrate was of opinion that, the case was a rather harsh working nf the law. hut bis svmanthv with nlaintiff could no' be -'lowed to override the law. His Worship had accordingly to enter judgment against n’aintiff. Solicitors’ costs £.3 3c were granted. Sec iritv of anneal was fixed at £ls 15«.