A TAURANGA APPEAL.

New Zealand Herald, Volume XLI, Issue 12524, 17 March 1904, Page 5

A TAURANGA APPEAL.

[Bt TELEGRAPH.PRESS ASSOCIATION.] ■■■■■• WbllingtoNj Wednesday. The Appeal Court was occupied to-day hearing argument in a case, Paterson v. Fleming, arising out of Dr. Fleming being injured at Taurasga by cattle sent there by Paterson. The case was heard by Judge Edwards in Auckland in December lastwithout a jury, and a verdict of £1250 damage?, with costs, was awarded. Paterson now appeals against this decision. The appeal is being heard by the Chief Justice and Judges Williams, Denniston,' Cooper, and Chapman. Messrs. Cotter and M. G". I McGregoi appeal for the appellant, and Mr. H.D. Bell for respondent. Mr. Cotter, in opening the case for appellant, stated that the case would practically resolve itself into five points: First, whether the appellant was liable, without proof of scienter (that is, without proof of knowledge) that the animal was of a vicious nature; secondly, whether there was any evidence' of negligence on the part either oi Paterson or of Seddon; thirdly, whether Seddoh was Paterson's servant :oi agent, so as to make Paterson liable for his acts fourthly, whether Paterson is liable, apart' from negligence or scienter, on the ground of trespass; and, fifthly, whethei the damage to > respondent's person is not, under the circumstances of Lhe case, toe remote, and ■ the appellant therefore uol liable, m „ „ . The argument : for the appellant took up the whole day, and the case is stil unfinished.