DOGS RUSHING AT HORSES.

Otago Daily Times, Issue 14445, 11 February 1909, Page 3

DOGS RUSHING AT HORSES.

A PAUIKHSTON ACTION. A fortnight since a farmer named Win. Docherty. residing near I'aliuerstoii. recovered damages in tlio l'aliuci'ston .Magistrates Omit from 'John Stewart, another local farmer, oil account "f injuries received by himself anil damage to his trap caused by :in* defendant's dog rushing ill tin'. horse lKicheiiy was driving and cuu:-. in;' Hie tiiispltinir of flic lra|.>. lie sued f»r £20. ainl recovered £17. Yesterday, in til,. I'aliiii'rstoii Court, before Mr T. lli.trliisun, S.M., William Sutherland, a [armor residing at Goodwood, brought an action agaiii:t .lolih Stewart, a farmer living at Macraes, to recover £22 5s damages alleged to have been paused bv Stewart's dog rushin.", at ihe li ulS( , which Doeherty was ilrivne: on t lie occasion that funned (lie ground of ill-? previous action a fortnight ago. and 80 depreciating its value ami 'making veterinary treatment necessary. On the case being called on vesterday. jiif •.'•„ (; 'V 1 \ wI " J j'l'peared for "the plainmi Ni.iicrlaml, applied fur nn adjournment lor a fortnight, on the ground that two necessary vUii.ijses were away from home. i V , V. " M - Frasor ' on behalf of the defendant Stewart, stronglv objected to a postponeinom, as the plaintiff himself had travelled 24 miles to he present; and had tlirue witnesses in court. His Worship said | le \\ m tlle caJO bad been beard a fortnight ago Mr Frastir: Tltc sump case, but another aspect of it. In Uio fonner case, your Worship was guided by your own evidence as an export, and disbelieved tho witnesses {or the defence. His Worship: I am quite satisfied tho Verdict was absolutely right.

Mr Eraser: Absolutely wrong, (or yon quoted your own knowledge of shoepclrivinjr. which was absolutely wrong. [lis Worship: Yon obtained leave to appeal. Mr Kraser: Yes, but. what good was that when I could only appeal on a question of law. and your Worship's finding was one of fact? 1 propose, to re-try the case. His Worship: Before a magistrate who 11ls| no knowledge of driving sheep?— (i.alight.or.) / Mr I''raser: Before a magistrate whom I trust, as an lionotirab!" man. His Worship: Certainly. The case was adjourned lo the 24th inst.. costs against, the plaintiff amounting to £2 13s being allowed. Some of defendant's witnesses said (hey would not claim expenses.