SUPREME COURT.

Poverty Bay Herald, Volume XXXVII, Issue 12698, 16 March 1910, Page 6

SUPREME COURT.

(Rafora His Honor Mr Justice Cooper.) The case, Field v. A. Thomson, was continued this afternoon., Mr. Burnard, after opehing tlie case for plaintiffs, called EJizaboth Field one of ths plaintiffs, who gave evidenoa that defendant owned a bi ff long-haired black dog. In March the do? bit her ""'"' , b °y.' *"d she sent a message to defendant., who" expressed > regret and took the dog ;iAvny.. About April the dog came, to tho lwuss aq;ain, and staved several days under the house. The • animal come again m Ma v. and was of ten. about the lwise. Sli* disliked the dog because it 'had a vicious disposition.. It oiice. sora% nt h 3 r and cau K ht her. by the thigh., . She had to heat it oft with *_ -broom ah*- held. She informed defendant of the dog's whereabouts and sometimes he came and removed it. She had seen tln-i dog sprint «H her children. She could not drive the dog away by thrashing it. The dog was never fed, except on *one occasion when defendant sent a 1-id to remove the dnir «nd she. tried to entice it from under the home, but it would not come out. jJn another occasion her boy showed her j blue -teeth marks on his chest. She (sent a message to defendant, and the Idoxr was gone when she returned, next t. evening from business. The doc wa s agiin iibout the 'premises m December when it snapped at a little boy, Willis' and brought blood. „ She at ono* sent ■round to defendant, The girl Mabel, aged. 12, /subject of the action). Imd m^rks mi the neck and thigh; 7 .1 *y -Mr Rot: , In /October when the V6g bit her boy s.he sent round to defendant and m consequence of ths reply sh<> received >h<7 sent word to the polios.. The children did not feed the dot* or tie it up on. ally occasion. Ther didt-not clajra it as their dog: She Ivd not 'been cautioned not to entice tho dog about. The children had beaten tho dog, but that was, only carrying out defendant's orders. - ; I Dr. Collins deposed that he examined , . ,-th.pi. ' girl Mabel three weeks after the injury. , She* had marks on the neck I which would be permanent. The child I Avas excessive! v nervous, and had to I leave his consulting rooms, and it would b«3 a fairly reasonable assumption tbH the' child had had a shock. Ber .'health a.s a result mi^ht be prejudicially affected to wsonie extent. By Mr Rees: Th© child was mt. a robust one. One of the scars might boJ removed by operation, but with regard •■'to. tho other he did not think the result .weld justify that course. ' Tlie ease 1 was proceeding as we iwent to press. , 7