LOSS OF RACEHORSE

Manawatu Standard, Volume XLIX, Issue 297, 14 November 1929, Page 10

LOSS OF RACEHORSE

DAMAGES CLAIMED. SEQUEL TO COLLISION. AUCKLAND, Nov. 12. The racehorse Welkne figured in a claim for damages heard before His Honour Sir Alexander Herdman, in the Supreme Court--to-day. Plaintiff was Bernard Goldwater (Mr Northcroft), the owner of the horse, who claimed from Albert Schubert, builder’s foreman (Mr West) £528 3s damages, of which £525 was the value lie placed on the horse, and £3 3s veterinary expenses. ' The horse was killed in a collision with a motor-car owned by defendant, on September 25, in Great South Road. Plaintiff alleged that the car was driven into the horse with violence. Defendant alleged in answer that the horse was under proper control, and that it had been frightened by steam from a neighbouring factory, so that it became unmanageable, and swerved suddenly on to defendant’s car.

ANIMAL NOT TROUBLESOME. William Fergus, horse trainer, who was in charge of Welkne at the time of the accident, said that his charge was usually quiet and not troublesome. A blast of steam from the glassworks near Penrose caused the horse to whip round and try to run away. He continued to jump round, and a bus came along and stopped. Witness called out “Stop” to a motorcar that was coming on, but it did not stop until it hit the horse on the rump. The horse’s feet were knocked from under it, and it fell and wards had to be destroyed. Witness fell on the concrete and was somewhat dazed. A similar account _ of the accident was given by Benjamin John Bowden, a railway employee, and a passenger in the bus. Arthur Wellington said the horse was practically stationary when the car hit him. The car was going between 15 and 20 miles an hour. i QUESTION OF VALUE. Evidence that Welkne was a quiet horse used to traffic was given by John Thorpe, trainer of the horse. Welkne was imported from Australia by Mr Wilfred Stead, and was a six-year-old. Mr Goldwater bought him for £3OO about two years ago, with a view to maturing him as a hurdler. He had raced six or seven times, and won a race at the Ellerslie June meeting. Witness valued him as a flat horse at 500 guineas, and he promised very well as a hurdler. , . Answering Mr West, witness said that Welkne had ten starts and_ had won olie race. He had cost £470 or more for riding fees, shoeing, entries, nominations and acceptances. Mr West: It is pretty well known that at the time he won at Ellerslie the owner did not have anything on him ? Witness: The first I knew of it. Mr West: Well, did the owner back him? “Yes, he backed him on my instructions.”

Mr West: How did you know he was going to win after nine failures? — “How did I know? I only thought.” In answer to further questions, witness said: “You would have been a winner if you had backed him every time.”

Dr. William Charles Ring, veterinary surgeon, valued Welkne at £525. He said the horse was valued at what an owner might reasonably expect to win with him in the next twelve months.

Albert Charles Hill, manager for the Auckland Racing Club at Ellerslie, said Welkne was thoroughly sound, and was well worth £SOO.

Harvey Nicholson, retired farmer and racehorse owner, described Welkne as “a fine big horse, with a lot of pace, just coming to his best.” He should be worth between £SOO and £6OO. CASE FOR DEFENCE.

Mr West, in opening his case, said that the defence would say that the very thing the driver did not try to do was to pass the horse. The horse suddenly moved out on to the road, and backed until it practically sat down on the front of the car. Defendant said that the liorse had given no indication that it was going to spring out on to the road. When witness was six feet away .the horse shied on to the concrete. His car was practicallly stopped when the horse fell with its rump on the radiator, and slipped on to the concrete. His brakes were good, and he had pulled up. The rider admitted that the steam had frightened the horse, and that he had been watching tho bus in the opposite direction. The horse would have been hit on the legs and not on the rump .if his car had run into it. * The hearing was adjourned.