Stallion Damages Motor Car

Manawatu Times, Volume LIV, Issue 6620, 5 August 1931, Page 2

Stallion Damages Motor Car

NO EVIDENCE OF NEGLIGENCE Reserved judgment was delivered in the Palmerston North Magistrate’s Court yesterday by Mr. J. L. Stout, S.M., in an action in which A. 11. Herbert, merchant, of Eketahuna, proceeded against W. T. Bailey, farmer, of Awapuni, claiming £43 14/ damages caused to a motor car by a stallion. The facts briefly were as follows: Defendant was leading a young stallion from the back of a specially constructed vehicle by means of a snap-hook. Tho evidence disclosed that a snap-hook was a usual method to employ and which for a number of years had proved safe and satisfactory, not only in defendant’s experience, but in the experience of other persons whose business it was to take stallions to shows or around the country. Defendant could give no explanation as to how the snap-hook becamo loosened from the bit. His Worship found that the fastening was a reasonable method to employ and that there was no evidence of negligent fastening. Further, defendant had taken immediate and all reasonable steps to reclaim the animal. While loose, and while defendant was in pursuit, the stallion accidentally ran into plaintiff’s car and did the damage complained of. There was no evidence of any known vicious of mischievous propensity in the animal likely to cause it to damage the car, and the evidence showed that the stallion first attempted to -avoid the car, but evidently saw it too late. It bad been laid down that the natural tendency of domesticated animals at large on a highway was to avoid traffic. Judgment was entered for defendant.