MAGISTRATE’S COURT

Manawatu Standard, Volume LVIII, Issue 9, 8 December 1937, Page 6

MAGISTRATE’S COURT

CLAIM AGAINST DROVER. Before Mr J. L. Stout, S.M., in the Magistrate’s Court yesterday, G. W. Prouse, a dairy farmer, of Longburn (Mr T. F. Relling), claimed from J. Jones, a drover, of Palmerston North (Mr A. M. Ongley), the sum of £4 18s, being £3 for a heifer which, it was alleged, had been lost by defendant, £1 for out of pocket expenses in looking for the heifer and interviewing defendant, and 18s for grazing and the cost of an advertisement respecting one other heifer which was later recovered.

Plaintiff, in evidence, said that at the Ashhurst sale on April 7 he purchased three cows and five weaner heifers, and he engaged defendant to drive them to his farm at Longburn. The charge was 10s, and .plaintiff paid Jones at the time. Only three cows and three heifers were delivered. Later one heifer was located, and it had cost 18s for grazing and advertising, but the second heifer had not yet been found. Plaintiff said he had gone to considerable trouble in endeavouring to locate the lost cattle. For the defence it was admitted that the two heifers had been missed during the journey. One heifer was later recovered through an advertisement, but defendant said that there was .a big delay between the discovery of the heifer and plaintiff claiming delivery of it. The heifer which had not been recovered had been knocked up and he had to put it in a paddock at Whakarongo. It had never been seen since. It was a very inferior animal, and although plaintiff had paid 37s 6d for it as one of a line it had been offered at the sale in the first place separately and failed to attract a bid of 10s. , , . The Magistrate said that the claim was based on the excessive side. He gave judgment for £2 10s, with costs and expenses totalling £3 16s 6d.