S.M. court.

Manawatu Standard, Volume XL, Issue 794, 26 October 1904, Page 5

S.M. court.

PALMERSTON—TUESDAY,

(Before Mr A. D. Thomson, S.M) DEFENDED CASES.

Daniel Hurley (Mr Baldwin) v. M. O'Reilly (Mr Innes), claim £30, value of mare lost from the defendant's paddock. The facts of the case were, as detailed by counsel for the plaintiff, that in June last plaintiff rode to the defendant's hotel at Awahuri. On defendant's assurance that the paddock was safe and the feed good, plaintiff sent his mare there. In the morning she was gone and it was contended the defendant was responsible, not only as a hotelkeeper but also on the grounds of negligence, counsel alleging ,the fences were not reasonably safe. Plaintiff gave evidence to the above effect, while F. Roberts deposed the fences of the paddocks were out of repair, though he had only seen them that morning. The defendant stated the horse was put in his own paddock because grass | was short in the hotel paddock owing to sheep being grazed there. The paddock was perfectly safe and it contained witnesses own horses at the time; none of them escaped. Neither before nor after had anything escaped from the paddock. Witness said there was no sign in the fences where the mare got through and he concluded she jumped. Evidence as to the good condition of the fences was given by C. Davis, G. Wheeler and J. Fitzgerald and further hearing of the case was adjourned till this morning. WEDNESDAY. The further hearing of. the case was 1 taken this morning. J. B. Pascal and Thos. Stewart both gave evidence as to the good condition of the fences around the paddock in'which the mare waskept. The fence was described as a six wire fence with gorse growing in several places. The fence was fully four feet high. The latter witness said he went round the fence this morning and the only gap that existed was made by a cow the day before yesterday. Examined by the Court witness said* he was certain there were no gaps in the fence except the one stated. He made a weekly examination of the fence, and if there were gaps stock from the paddock would get into his oats. The evidence of the last witness closed the case for the defence. Mr Baldwin said there was a direct conflict of evidence as to the state of the fence, and he asked that the Court should appoint some one to go out and report upon the present state of the fence. It was evident, he said, that someone was not telling the truth and he was quite willing to trust to the accuracy of his witnesses. Mr Innes offered no objection to the proposal* but questioned the help the present state of the fences would be to the Court in deciding what they were like last June, when the1 mare got away. The Court considered it would be advantageous to hear from some independent witness the state of the fences at the present time.. Counsel agreed to appoint an independent witness who will present a written report to the Court upon the state of the fences. j

Counsel addressed the Court: on the law points involved, and the case was. adjourned till next Tuesday.