BULLS

Manawatu Standard, Volume L, Issue 303, 18 November 1930, Page 9

BULLS

MAGISTRATE’S COURT. (From Our Own Correspondent.) BULLS, Nov. 16. Mr R. M. Watson, S.M., presided over a sitting of the Magistrate’s Court _in Bulls on Saturday, when the following cases were heard; Judgment by default was given for the Manawatu County Council • against R. G. Shaw for £29 8s lid, and costs £4 3s 6d. Under a judgment summons, Fred Evans was ordered to pay to D. King (Mr Mackay) the sum of £l6 4s 6d, in default 14 days’ imprisonment; C. Imrie was ordered to pay to Niool Bros (Mr Mackay) the sum of £ls Is Bd, in default 14 days’ imprisonment. Fleas of guilty were tendered by Alex. Currie and J. G. Signal for allowing stock to be at. large on a public highway, the former being fined 5s (costs 10s), and the latter, a second offender, 10s (costs 13s). J. H. Whisker, farmer, Parewanui Road, claimed £33 16s from Alex Currie, stud groom, Bulls, being £23 16s special damages and £lO general damages, as a result of a collison between defendant s horse and plaintiff’s motor car on October 22. Mr Mackay appeared for plaintiff, and Mr Cooper (Palmerston North) for defendant. . Lindsay Dpuglas Whisker, son of plaintiff, stated that on the night of October 22 he was proceeding in plaintiff’s car to Bulls at about midnight. The night was wet, windy and dirty, and when in front of a boarding-house in High Street, a horse ran across in front of his car, and a collision occurred. He got his brother, an employee at the post office, rang the police, and found thi horse and another, and placed them in tne police paddock. He detailed the damage done to the car. The horse (defendant’s) was badly cut about on the hock and shoulder. Ha recognised the horsey it was Currie’s. Ho had Mr Douglas, pound-keeper, and his brother with him when the horse was secured. Next morning, after seeing the horse in the pound, he went to Currie and told him what had occurred. Currie said that he could not understand the horse coming into town, where there was no feed, as it grazed on the road where there was good feed. Currie said that the horse had only been on the road for a few days, but a man named Westwood, who was present, said that the horse had been on the road for a week. Currie did not reply. He told Currie that ho expected him to puy for the damage, but Currie complained of the hard times. Currie said that he had put the horse in Doughty’s Road, and someone must have left the gate open. He had several discussions with Currie, and suggested to him that he was able to pay because he had a half share in a thoroughbred horse. Peach Brandy. Mr Cooper asked if this was relevant, there being no admission of agreement to P *To the Magistrate: Currie said that if he had the money he would pay; he would pav in the long run. To Mr Mackay: The general damages were based on the fact that the car bad received a jar, and that he had been without it for a week. He had had to walk home that night. . Mr Cooper pointed out that witness did not own the car, and any inconvenience which he may have suffered did not come into the case. . ... , . To Mr Cooper witness admitted that people do put stock to graze on Doughty s Road. Plaintiff stated that someone must have loft the gate open. He saw another horse there that night, and both were put in the police.paddock. Carrie said that "if he had the money he would pay. Nobody else was present when Currie said that. Later, Currie rang up and said that he had seen a solicitor and would not P Geoffrey Whisker, postal official. Bulls, brother of tire previous witness, gave corroborative evidence regarding the position of the car after the collision; the finding of the horses; and recognised Currie’s horse. Ho stated that Currie s horse was often on the road. David H. Douglas, pound-keeper, stated that he was on the scene after the accident. He impounded two horses, that of Gutrie being badly knocked about. To Mr Cooper : He could not swear as to whether the marks were made before or after the collision. John Tricker, farmer. Bulls, stated that he had seen Currie’s horse running loose on the roads. E. Westwood, lorry driver, stated that ho had seen the horse on the roads. E. A. Caldow, commercial traveller, 6aid that he had seen the horse on Parewanui Road. John B. Robins, garage proprietor, tendered formal evidence regarding the repairs to the caj, all of which were on account of the oollision. The value of a car would bo depreciated unless the damaged parts were replaced. This closed the case for plaintiff. Mr Cooper asked for a non-suit. There was no doubt that the horse had been on the road. That was admitted, but he quoted authorities in support of his contention that there was no duty on the part of an owner to prevent a domestic animal from straying on to the highway. The horse was quiet and inoffensive, 1 and had no vices. Mr Mackay urged that negligence had been shown by defendant, who was not the owner or occupier of the land in question. Currie knew that the horse was on the road. Currie had seen it; and was therefore negligent. The Magistrate: The point is simple. There must be more shown than mere straying Currie's horse was placed on the fenced highway. Mr Tricker admits that he puts stock there. Tho horse simply strayed. It has been shown that it was the habit of defendant to put his horse on Doughty’s Road, inside the gate opposite Mr Tricker’s house in tho fenced portion. That portion is barred by a gate. Mr Tricker also puts stock in there at times, and no doubt ho is at liberty to do so by permission of local authorities when a road is not used. That gate leads to the golf links, and is very frequently left open. The horse has unquestionably been out in Johnston Street, and on Parewanui Road on oc-' casions, but the authorities quoted show that there was no necessity fqr .property owners to have fences or gates. Judgment would be given for defendant. on the non-suit, with costs against plaintiff. CRICKET.

Heavy rain at mid-day on Saturday caused the postponement of the cricket match, Flock House v. Bulls, but the game will be played later. Next week s challengers are the Milson Club (Palmerston North).