WANDERING STOCK ON ROAD

Hawera Star, Volume LIV, 20 April 1935, Page 5

WANDERING STOCK ON ROAD

“PERMISSION” NOT PROVED OPUNAKE CASE DISMISSED Arising out of a motor accident near Rahotu on the night of February 10, when a horse collided with a motor car, G. Prosser, owner of the horse, was charged at Opunake on Thursday with permitting stock to stray. The charge was dismissed.

The facts were admitted by Constable Clouston, who appeared for the police, and by Mr C. H. t Crokcr, representing defendant. Three Horses were seen on the road by the occupants of the motor car. One was killed and this one was identified as belonging to Prosser. An inspection of defendant’s fences had shown them to be in. good order. All defendant’s, horses had been seen in the paddock early in the evening of the accident and all except one were in the paddock next morning. There urns no evidence of defendant having “permitted” stock to wander, on the road. Prosser enjoyed a good reputation and had never had stock impounded*

Mr Crokcr urged the dismissal of the charge and quoted Supreme and Magistrate’s' Court judgments in support of his contention. Prosser and an employee had gone out at 8.30 p.m. anS seen the horses in the paddock.- Shortly after midnight all the horses except one had been there.

The magistrate, Mr'W. H. Woodward, S.M., remarked that many local bodies had a by-law making it an offence merely to be the owner of stock found wandering on the road. He did not think such a by-law existed in the Egmont County, said Constable Clouston. The prosecution had been brought under the Act. The magistrate thereupon dismissed the charge.