HORSE DIES WHILE HIRED

New Zealand Herald, Volume LIII, Issue 16202, 12 April 1916, Page 5

HORSE DIES WHILE HIRED

QUESTION OF LIABILITY.

CLAIM BY OWNER FAILS.

Whether a man who hires a horse should bo responsible for the value of the animal should it die of a disease contracted prior to his taking possession of it was a question definitely decided in favour of the hirer by Mr. F. V. Frazer, S.M., in the Magistrate's Court yesterday. The circumstances were that Michael Tobin (Mr. P. E. Dromgool) claimed from Frederick Freeman and Alfred Polkinghorno (Mr. Allan Moody) the sum of £18 7s 6d, the value of a boTse and the price of three days'- hire.

Evidenco was given that plaintiff lent the defendant Polkinghorne a horse for three days. The horse was not returned, and plaintiff heard that it had been shot.

The defendants deposed that while in their possession tho animal became ill. The plaintiff was notified, but he did not corao to see the horse. The horse's condition became so serious that it had to be shot.

A veterinary surgeon stated that the horse had contracted lock-jaw. It must have had tho disease 12 days before it became ill, or eight days before the defendants hired it. Witness saw that the horse was in pain and could not recover, and ho authorised it to be destroyed.

Counsel for defendant argued the law points at some length. Tho magistrate found that on tho facts, the Jaw, and common sense, the defendants were not responsible for the loss of the animal. They had not wrongfully detained it, they had taken, every care of it, and its death was inevitable. The plaintiff would bo allowed 7s 6d for the lure of the horse and 5s costs, while judgment would bo entered 'or defendants in :<?g».d t) the claim for thi value 0. tho animal, and £3 9s 6d expenses and costs.