MAGISTRATE’S COURT.

Manawatu Standard, Volume LII, Issue 256, 28 September 1932, Page 12

MAGISTRATE’S COURT.

A CIVIL ACTION. Under the Crown Suits Act, a petition was brought by William Slayter Gardner, of Shannon, before Mr J. L. Stout, S.M., in the Magistrate’s Court, yesterday afternoon, claiming £lls 4s 3d for alleged damage suffered through injury to and loss of a horse. Mr G. R. Bowles (Wellington) appeared for plaintiff and Mr Cooke for the Crown. Plaintiff’s claim comprised £3O for the value of the horse, £3O 15s for the cost of its replacement, and the balance for the expenses of treatment to the injured animal. Plaintiff alleged that the horse was hired out under a verbal agreement to the Railway Department for work at Shannon and was knocked down on October 21. 1931, by a mixed passenger and goods train proceeding from Paekakariki to Palmerston North. It was further alleged that the accident was due to the negligence of the department’s employees m not keeping the horse, a 14-year-old mare, in a place of safety. Evidence was given by plaintiff and other witnesses concerning the value of the horse. Counsel for the Crown stated that the department had made several attempts to settle with plaintiff, but had been met with an exorbitant claim for the value of a 14-year-old horse and the expenses of treatment. It was claimed that the damages sought were excessive, and the injured horse should have been destroyed within _ a reasonable time. Furthermore, it was submitted that employees of the department had not been negligent in handling the horse, and every possible precaution had been taken. After hearing further evidence the Magistrate reserved his decision. ANOTHER CLAIM. Cameron Bros. (Mr Gordon) proceeded against J. Thomas (Mr Petersen) claiming £3 11s for work done tb a vehicle. Defendant counter-claimed for £lO. Judgment was given for plaintiff for £2 with. 10s costs on his claim, and for defendant for 10s, with 7s costs, on the counter-claim.