A TROTTING CASE.

Lyttelton Times, Volume CXV, Issue 16493, 7 March 1914, Page 17

A TROTTING CASE.

ACTION FOR DAMAGES. METROPOLITAN CLUB SUED. ALLEGED NEGLIGENCE ON A 1 TRAINING TRACK. .At the Supreme Court yesterday before his Honor Mr Justice Denniston and a special jury, Clifford Tasker (Mr Raymond, with him Mr Giessen) proceeded against the New Zealand Metropolitan Trotting Club (Mr T. G. Russell, with him Air Cassidy) for £750 damages in respect to injuries sustained by the trotting horse Michael Galindo, and £lO damages, being the sum paid to a veterinary surgeon for his services in connection with the injuries. Mr Grcsson, in opening the case for the plaintiff, said that the horse Michael Galindo came from a. famous trotting strain, and a- high price had been refused for him. Ho had started in four events, and won three of them. Tho damages claimed in this case were claimed in respect of injuries sustained by Michael Galindo while training, owing to the horse being frightened by the intrusion on tho track of a. draught mare whoso presence there was duo to the negligence of the defendant club. Henry James Tasker, trainer, Sprey- j don, said bo was the father of the j plaintiff. Michael Galindo was sired by Galindo, out of Mavourneen, and ] was originally the property of Airs | Tasker, witness’s wife and the mother of tho plaintiff. Airs Tasker gave the ! horse to the plaintiff when it was a yearling. Tho lior.se was foaled in November, 1901), ami was broken in by i witness at tho age of fifteen months. Witness trained the horse for his son. 1 The horso started in four races—oneo at Ashburton on Boxing Day, 1912, | where ho won : later at Forbury Park, where be was defeated ; and on the first | day of the Metropolitan Club’s November meeting, and on the last day, winning on both occasions. On the-last occasion he won the Dominion Cup Handicap of £SOO. THE COLLISION ON THE COURSE. Tho time for the race, 4 min 47 1-osec, was a record for a ! New Zealand trotter. Witness had •been offered £250 and £350 for the horse as a two-year-old, and after the Ashburton win bad refused an offer of. £750. On December 2. 1013, continued witness, his sons took Michael Galindo to the Metropolitan trotting track at about 7 a.m. One of witness’s sons, Rovce Tasker, went out first on the track, with a horse named Derringnotte. Michael Galindo was then harnessed in a loose-box off the nllev-way, taken down the alley-way, and driven on the outside of the track past the grandstand by witness. Just past the furlong post witness passed two other drivers, Wright and Chambers, who wore doing fast work in the opposite direction. Half-way round the track from tho alley-way witness saw Royce Tasker, driving Derringcotte, and coming towards witness. Iloyce Tasker was also driving on the outside of tho track. Witness turned his sulky round to take tho inside running and join Royce Tasker. Just as he got his horse’s head screwed round a little, he saw a draught mare coming at a gallop. The draught mare hit Michael Galindo on tho off side, near the shoulder, knocking him over. Afiehael Galindo foil on top of witnoss, and thou scrambled to his feet and galloped round the track, witness having bem thrown out of the sulky. Witness <lid not see tho draught mare until just before fibe struck Aliehael Galindo. His view was obstructed by tho quarters of the horse he was driving. The fragments of the broken sulky were produced in Court. Witness stated that he telephoned to Mr Charlton, veterinary surgeon, as soon as Michael Galindo was recaptured. The caretaker of the trotting grounds, French, said lie locked the draught mare up carefully, but tbe special constable $ who were encamped in the Show Grounds adjoining, must have lot her out. Witness had on former occasions seen the! draught mare on the track before storting work, and lie had on sncli occasions seen that the mare was taken off tbe track before lie wont on. It was necessary to work a trotting horse both ways on the track. He had never been told be must not work his horse in v hnt was the reverse direction to the direction taken in races. IN WHICH DIRECTION. His llouor said he did not consider the point of much importance. The collision was not a matter of right or wrong sides of the track. Mr Russell qaid that the point was of importance, as il might be hold that the .witness was a trespasser ah. initio when he met with the accident. His Honor said that in the meantime he did not wish to hear more evidence on tlic point. The witness, continuing, said that tho training of Aliehael Galindo would be delayed for eight or nine months from the date of his accident, and it would take four or five months of training to gel him into the same condition as ho was before the accident. He might never bo any good again. To Air Russell: Tho horse was quite sound when the accident, occurred. If the horse had to-day it would be the result of the accident. "Witness saw Royce Tasker on the track before tbe accident, but did not see the draught mare. There was no obstruction to hide I he mure from him. but he. was occupied with his own horse. The present value of tho horse was about £IOO. To Air Raymond: Witnoss bad not proceeded on his own behalf against the club because he was not well, arid was still in the. doctor's hands. When he first saw- the mare it was too late for him to avoid the collision. A MATTER OF OWNERSHIP. Clifford Auliery Tasker, the plaintiff, stated that he was in his twenty-first year. He was a trainer. The horse Michael Galindo was his property. His mother gave lho horse to him and it had been registered in the names of Tasker and Huslett, but since last, November it was registered in witness’s name alone. It. was yon tern! for the Aletvopolitan Club’s November meeting in witness’s name. To Mr Russell: Tbe horse had won £SBO for him. He knew that the horse belonged to him when it was a yearling. The dam belonged to him liefore Aliehael Galindo was born. When tbe accident happened witness was leading a stallion round the Hnwern district. his mother yinying his expenses and witness receiving the fees. For the training of Michael Galindo he paid his father 01- per week. He instructed his father fo pay over the horse’s winnings to his mother, who invested tho money for him in her property. To his Hoiior: Witness's mother paid off a mortgage with some of the money won by the horse, he received £l5O. with which lie had bought two horses. Mis Honor questioned whether the matter did not show that a dummy was necessary in order that Mrs Tasker should get the benefit of the horse. Was it likely that Mrs Tasker, in giving her sou a hm-oa valued at 5'. 750,

had said to him: “Take this trifle: it’s no use to me.” It sounded to his Honor as too thin.

Mr Raymond applied to have Airs Tasker joined with plaintiff as tho owner.

His Honor hold that Airs Tasker could only lie joined as owner, and not as alternative owner. Air Raymond said that his instructions were that tho arrangement between mother and son was a bona, fide transaction, and. that the plaintiff was the real owner of the horse. In view however, ot his Honor’s views on the matter, lie might make an application to have Airs Tasker joined. He would ask to be given permission to mention the matter later. His Honor said that lie felt very strongly on the subject, and in view of what Air Raymond had said ho thought it extremely probable ho should refuse, to grant leave to add Airs Tasker as a plaintiff. The plaintiff nuist decide who owned the horso and who had a right to lake these proceedings. THE HORSE’S INJURIES.

John Robert Charlton, veterinary surgeon, said that at iho time of the accident Aliehael Galindo was a sound horse, and, so far as he had experience, a good tempered and good mannered horse. Relatively a trotter would lie of more value than a pacer, and Alichael Galindo was a trotter. He saw tho horse shortly after its accident. Its hind legs were badly cut about, one of the Cuts reaching the bone. Some of the injuries were of a character that might develop into ringbone. One of the horse’s bind legs, which was a little bent before the accident, was more bent afterwards. Witness could not say what effect this would have on the horse’s speed. Two weeks before the accident Aliehael Galindo ran in a two miles race and was then quite sound as a race-horse. The original bonds in Aliehael Galindo’s legs did not interfere with his speed, but after the accident there was an alteration that might seriously affect the horse’s gait. Aliehael Galindo was now a. pacer, and not a trotter. He could not be got into racing condition within six months of the present time. As t.o the, future value of the horse, he could not hazard an opinion. If ringbone developed, the horse would certainly not bo a first-class race-horse, and his value would bo reduced for racing purposes. The presence of ringbone would bo attributable to accident, and therefore would not detract from the value of the horse for breeding purposes. To Afr Russell: Tasker consulted him about the horse before be started racing it. Tasker was doubtful about the soundness of the horse, and as he considered it had exceptional speed, hc-wanted it cured of a lameness which then affected it. The horse had certainly not been suffering from ringhone on the left fore-leg for a long period. It was not no\v suffering from ordinary ringbone, but from traumatic ringbone, which bad been induced by the accident. Witness had operated on tho horse’s front leg. and lit was only after that operation that the horso was raced.

Royce Tasker, brother of tho plaintiff, and a horse-trainer, said he was 1 driving Derringcotte on the morning when the accident occurred. He saw the draught mare on the track, and attempted to drive her round to the alley-way. so as to get her off the track. The mare, however, got into the central enclosure, and just as witness's father came along with Aliehael Galindo the mare went on to the track again and collided with Aliehael Galindo.

William Black, land agent, said ho was driving a horse on the track on tiie morning of the accident. He corroborated the. evidence of the last witness.

Alfred John Lawrence, hotel-keeper, Sydenham, said he had thirty years’ experience of trotting in Canterb’ury. He had frequenly seen draught horses on the Aletropolitan Club’s track, and lmd been executing some such accident as happened to Michael Galindo for many years. Alter that accident the club put up a notice stating that owners and trainers used the track at their own risk. Robert Barton said be had experience as an amateur trainer of trotting horses. He had on many occasions seen horses straying on the track. Aliehael Galindo was easy to •Control. Witness did not think the horse would be able to start work again this year. He needed a. twelvemonths’ snell. CASE'FOR THE DEFENCE.

Air Russell said the defehco would show that the draught horse causing the accident had been allowed on to the track through no fault of the club. Furthermore, though Tasker honestly believed there had been a collision, it might be proved that no collision had occurred at all. Veterinary surgeons* would also declare that the horse had not depreciated in value at all as the result of the accident.

James French, caretaker of the Metropolitan Trotting Club’s course, stated that lie put the mare in question along with another horse in the paddock tho night before the accident. The paddock was surrounded by a fenct--Bft lrigli. and bad two gates, the same height, both bolted. It would be impossible for horses inside to shake ihe gate so that the bolts would come undone. Before witness went away he had securely fastened the gate. D would have been impossible for the marc to get out unless someone opened the gate. Club horses had not. been allowed to wander on the track for some time. "Witness examined the mare after the alleged accident. There were no marks of injury about her and nothing to show she had conic in contact, with, any other horse. Furthermore, she had’ developed no injuries since. To Air Raymond: A patent lever lock was on the gate. The gate could he opened by pulling up the bottom holt and pushing out the two parts of the gate. It would lie a simple matter for any evilly-disposed person inside to nusii open the gale. Witness suggested that il was special constables who opened the gate. To Mr Russell: Special constables had gone that way before, and the gate formed a. short cut from their ground to a publichouso. Witness suggested that some of the men had gone that way and others had come and since shut the gate. As a further proof witness stated that a ladder had boon removed from his house and put up against the fefico. To Air Raymond: A day or two before tho occurrence he had had a difference of opinion with two or three specials and he had writt'en two letters to the newspapers. These men had come on to the club’s premises and insulted his hoy.

Alt' Raymond proceeded to read a letter written by witness to a newspaper, when his Honor interposed, asking what was the value of such reading unless to excite prejudice again-t the witness. Mr Raymond thereupon discontinued quoting "the letter. James Clements, employed at the New Zealand Metropolitan Trotting Club’s grounds, said Tasker had told him lie held the mare while the other men trained, hut when he was training Michael Galindo, no one held her. William Sherwood, an employee ot the club, gave similar evidence.

Sydney Barnes, another employee of the club, and William Hayward, a member of the club’s committee, and Fred Jones, a horse trainer, also gave evidence.

Alfred James Wright, a carrier, said the mare stood still when lie was going round the track on the morning of the occurrence.

To Mr Raymond: Ho had heard it, said that if this case went against the duh the trainers would suffer, hut nothing hail been said to him. Edward Grcig also gave evidence concerning the accident.

VETERINARY SURGEON’S EVIDENCE. Daniel Al’llaffie, veterinary surgeon, Lceston. said he examined Michael Galindo a week or two ago on behalf of the defendant club. There was «a blemish on the near hind leg where the horse had been injured, and on one of tbe fore legs there was a ringbone. He did not know how the ringbone was caused. In the. ordinary course it was a slow growth, and in this case there was nothing to show that the disease was duo to accident. There was no reason why the horse • should not trot as wall as ever. He was a very valuable horse as a sire. The injuries concerned in the present case had in witness’s opinion not detracted in any way from the value of the horse. To Air Gresson : Aliehael Galindo was the best straight-out trotter they bad had in New Zealand. Tn this particular case there was no danger of the ringbone interfering with the horse’s action, but as-a general rule ringbone reduced a horse’s value. Thomas Gordon Lilico, veterinary surgeon, said he examined Aliehael Galindo on behalf of the club on two occasions. Tho injuries wore quite visible. There was a ringbone on tlie near lore pastern, and so far as ho could judge it was not the result of a local injury. The ringbone extended all round the hone, and if it were due to accident this would not be tbe case. The near hind leg had evidently been very seriously injured, but the injury was well clear of the tendon. This concluded the case for the de- . fence. The Court adjourned till 10 a.m. the following day.