APPEAL DISMISSED.

New Zealand Herald, Volume LXI, Issue 18889, 11 December 1924, Page 12

APPEAL DISMISSED.

SHEEP • WORRYING CASE.

JUDGE STATES A PRINCIPLE.

[bv telegraph.—own correspondent.] < HAMILTON. Wednesday.

Speaking generally with reference io cases on appeal His Honor, Mr. Justice Herdman, said today that where there wore conflicting facts in a case and a magistrate had decided on the evidence to accept that of one side, and reject that of the other the Court would be reluctant io interfere with the magistrate's determination and should do its best to support, tho judgment given. 'The case which His Honor was dealing with was an appeal brought by Lilly May Body, widow, of Shaftesbury, against the decision of Mr. J. H. Salmon, S.M., at To Aroha, in a sheep-worrying case in which a number of sheep belonging to one Hugh Magill, fanner, of Tc Aroha, were killed by dogs.

In the original proceedings Joseph Hawkins, farmer, of Shaftesbury, and George Herbert Boyes, sharemilker, of Elstow, were joined with Mrs. Body as defendants. Mr. Salmon, after beating the evidence entered judgment against Mm. Body and Hawkins as joint, feasors for £119 and costs- Mrs. Body now appealed on various grounds, claiming that (he evidence did not justify tho magistrate in finding that her dog did any of tho worrying. After hearing counsel for both sides and reading the notes of evidenco taken in the Lower Court His Honor dismissed tho appeal, with costs.