THE LIVINGSTONE ASSAULT CASE.

Otago Witness, Issue 2253, 6 May 1897, Page 32

THE LIVINGSTONE AS SAULT CASE.

Chuistchuhch, May 4.

At the Magistrate's Court this morning, Mr R. Beetham, S.M., gave judment in the case Matthew Livingstone y. Andrew Innes Battray and others. His Worship said :— " This is *a action in which plaintiff seeks to recover the sum of £200 for assault, in consequence of which, he says, he sustained great pain of both body and mind. Ifc is admitted that plaintiff is a bookmaker. He entered a horse for the New Brighton races on December 16, 1896. On acceptance or nomination he received three passes, one for the trainer, one for the jockey, and one issued at his own request for the use of Derrett's stable. This pass he considered himself justified in using for himself, though he was repeatedly told in answer to his inquiries that he as bookmaker would not be allowed on the course, and that if he remained there it would be at his own risk. He was ultimately expelled from the course by the" police at the instance of Mr Rattray. It is urged for the plaintiff that as he had been allowed to enter a horse he was thereby entitled to be on the course to look after his interests, and that at any rate he should have been allowed sufficient time in which to remove the horse before being expelled from the course. lam of opinion (1) that the plaintiff has used a pass which he knew it was never intended he should use, one which was issued at his own request for some other person, and that he was at all times aware that he would not be allowed on the course ; (2) that he had ample time in which to remove his horse if he wished to do so between the time he was requested to leave the course by Detective Spry and the time when he was expelled by the police ; and (3) thab plaintiff was never assaulted at all. The judgment of the court is for defendants, with costs."