Magistrate's Court.

Opunake Times, Volume XXI, Issue 750, 23 June 1905, Page 2

Magistrate's Court.

Wednesday, June 21, 1905. (Befobh T. Hutchison. Esq., S.M.) CIVIL OASES. Judgment by default was given in the following cases : Egmont County Council v J. Ritson, claim £1 17s 4d, costs ss; Egmont County Council v T. Julian, claim £8 16s Id, costs 5s ; W. C. Dudley v J. DeCastro, £lllss Bd, costs 17s. HORSE CASE. M. Mulvahill v S. Jackson, claim for the value of a horse alleged to have died through defendant's neglect. Plaintiff appeared in person and Mr Edmunds for the defendant. Plaintiff, sworn, said Jackson asked him if he could hire a horse to go to Hawera. Defendant and Barker caught the horse next morning. On the same day defendant came to witness and said he had bad news, he said " your horse is dead." How did you manage that ? witness asked. Defendant replied : " It was not his fault." Went to the blacksmith's shop to find out about the horse, but got no satisfaction. Saw defendant in the billiard room, Rahotu, and wicness told him that he expected payment for the horse, but defendant said he was short of money. Cross-examined : The price agreed upon was 7o 6d per day. Told defendant to take the horse to Pungarehu to be shod because the man at Pungarehu is a good shoer and quiet man. The horse had no injury when let. Did not see the horse after Jaokson got it.

W. Barker, road overseer, sworn, i said : Mulvahill'e horse was in his charge a few days before Jackson got it. Had broken it in and handled it. Jackson came to him and said : what a funny thing Mulvahill wanting me to take his horse to Pungarehu to get sho<l instead of at Rahotu. Witness said Mulvahill looks upon the Pungarahu blacksmith as a good shoer. There was nothing wrong with the horse, as far as he could see, when Jackson got it. Cross examined by Mr Edmunds: The horse was worth about £7. Samuel John Jackson, sworn, said: Reme abered seeing plaintiff about the 2nd of March, who said that he had a rather flighty horse. Asked him for the loan of it to go to Hawera. Nothing was said as to the price of hire. Took the horse merely to quieten it. Took it to Oolmer, blacksmith at Rahotu. Intended taking it to Pungarehu, but it meant a 3£ miles extra journey and the horse had a bad hoof. Received no express instructions to take the horse to Pungarehu, it was left to his own discretion. Some time afterwards, Colmer's man came and asked him to hold the horse as it was hard to shoe. Went around and put a halter on the horse's nose and held it. Colmer put ono shoe on when the horse struck out with its forefoot and hit Colmer on the ohin and on the phoulder. Tbe horse was very excited. It afterwards struck out and threw Colmer's man into a corner. It eventually broke away, ran around the shop, shivered, and dropped dead. • The horße was not abused in any way. J. A. Colmer, blacksmith, Rahotu, sworn, said he had been shoeing for 18 or 20 years. Mulvahill's horse was brought to his shop to be shod. It seemed alright, but was rather flighty. He sent for Jackson to hold it. During the shivering the horse struck him. Did not illuse it in any way. It was shivering and eventually dropped dead. Sent for Constable Lind as he did not want any suspicion cast on him. The horse was cut open and it was found full of blood, a blood vessel had evidently burst, the liver was growing to the back and was full of matter. The horse appeared to be very much diseased. The S.M., in giving judgment said, this is a very plain case, Mulvahill lent the horse to Jackson, who was to have taken care of it. If the horse suffered through his negligence he should pay for it. It is proved by Barker that the horse was haudled by bim, and was in good condition, and is prima facie evidence the horse was sound. For the defence, it is alleged that the horsG was taken to the blacksmith's to be shod, that whilst being shod it struck Colmer who was shoeing it. It was very excited and began to shiver and eventually dropped dead. There is no suggestion that Colmer did not shoe the horse properly. The defence is complete in itself. There- is no doubt that the cause of the horse dying was that it was diseased in heart and liver, this with the excitement caused by the shivering, brought on acute inflammation. Plaintiff was nonsuited, but the magistrate would allow no costs.