SPORTING LAW SUIT.

Hawke's Bay Herald, Volume XXXI, Issue 10360, 21 July 1896, Page 3

SPORTING LAW SUIT.

Wellington, Monday. The stewards ef the Wellington Trotting Clnb were to-«lay in the Supreme Conrt bb defendants in a case brought by J. D. Craig, farmer, of the Opper Hnti, who claimed £200 aa damages for the disqualification ot himself and his trotting .horse Ned Kelly, wbieb came in first in .the Wellington Trottlug Clnb KteaWpap, -run at the Mirampl Park meetinjlon January 23rd last. The disqualifioafllpfl was made on the grounds of tb£ horse's alleged inconsistent running, and plaintiff contended that besides winning the stake and the totalisator. dividend bis horse was prevented from taking part in the race that was to follow. £-Ir Skerrett for the defence raised an objection to tbe ease proceeding, on the j-gtonnds that tbe statement of claim did mot disclose any cause of action, unless it was ior prizs money, in which ease tbe tpltintlff was debarred by the seventh iseetlon of the Gaming Act from recovering or for improper disqualification as no allegation was made of misconduct on tbe part of the stewards, Tbe Chief Justice said tbat tbere was nothing to show tbere was any contract, and unless it was alleged that ths defendants' condnot had been malicious be jld not see bow the claim conld be sup- \ ported. Ultimately Mr Wllford, for the j plaintiff, accepted leave to amend bis I <olaim on terms, and the case was ad- | journed nntil next sitting. I