OWNER'S CLAIM

New Zealand Herald, Volume LXXVI, Issue 23482, 20 October 1939, Page 13

OWNER'S CLAIM

j DEATH OF RACEHORSE ACCIDENT AT STATION ACTION AGAINST CROWN DEFENCE DENIES NEGLIGENCE [from our own correspondent] HAMILTON, Thursday An accident at the Rotorua railway station in which a racehorse, Calcutta, suffered injuries which later proved fatal, had a sequel in the Supreme Court at Hamilton to-dav, when a claim for £SOO was brought by the owner against the Crown. The Chief Justice, Sir Michael Myers, presided. The owner of the horse, Andrew Ernest Randrup, of Matamata, was represented by Mr. A. K. North, of Auckland, and Mr. E. Roe, of Rotorua. Mr. H. T. Gillies. Crown Solicitor, and Dr. R. A. Foden, of the Crown Law Office, Wellington, appeared for the Crown.

Horse's Ribs Fractured Mr. North said that on February 7 the racehorse was being taken to Rotorua to compete at the Rotorua race meeting. As it was being taken from the truck at 10.30 o'clock at night, it took fright at steam coming from a near by engine. It moved away and its front feet became caught between a loose plank, which had been, left lying oh the platform, and the outer' edge of the platform. While trying to extricate its feet, the horse fell from the platform on to a log and fractured its ribs, Mr. North continued. The horse did not have to he destroyed but it died on April C, although it had been treated by a veterinary surgeon. Winnings in 1936-37 Season The suppliant, alleged that the Railway Department was negligent in allowing tho wooden edge on one side of the platform to remain broken, with exposed nails projecting, said Mr. North. It was further alleged that the platform was made unsafe through a loose beam of timber being left lying there and through not being equipped with lights. The horse was nine years old at tho time of its death and in the 1906-37 season it had seven wins in sevey starts, and won £905 in stake money. The animal was in good condition and the owner could have reasonably expected further success with it. After witnesses had been called in support of suppliant's claim, Mr. Gillies moved for a non-suit on the ground of lack of evidence. The application was refused. Dr. Foden then moved for a nonsuit on the ground that the responsibility for loading and unloading was the owner's alone. His. Honor said it would bo inconvenient to discuss that matter at that stage, but he would hear legal argument later. Contentions by Crown In opening the case for the Crown, Mr. Gillies contended that the Crown had not been negligent in any shape or form. The beam of timber which the animal struck was lying off the platform on the roadway where lorries travelled. The fact that the horse broke away over the . plat form showed lack of control on the part of the attendant. 1 . A light was available, continued Mr. Gillies, but no - application was received by the station authorities for it to be turned on. Instead, suppliant clrpvo his,, car. tqwherc tho horse wan being unloaded and turned on the headlights. Evidence would be brought to show that at the time of the accident the horse was almost -worthless. " -After several witnesses had been called, the hearing was adjourned until to-morrow.