Magistrate's Court

Southland Times, Issue 19454, 5 November 1904, Page 4

Magistrate's Court

FRIDAY, 4th NOVEMBER. .(Before G. Cruickshank, Esq., S.M.) NO DEFENCES. Judgments were given by default in D. Roche v. John Mclnerney (Winton) for £2 3s 3d, costs 5s ; Trustees late J. T. Thomson v.. Archibald Gregory (Wyndham), for £21 3s 9(1, costs £3 3sJUDGMENT SUMMONSES. Herbert, Haynes und Co. (Mr il. W. Hall) sued Thomas Murphy (Harringtons) for £14 Os 8d on a judgment summons. It was proved that defendant had earned sufficient to pay the e'aiui since judgment was obtained some years ago arid an order was mado for £1 per month . for the lirst. four months and £2 per month afterwards, until tho'dobt is paid ; ; ' in default ol any payment a month's .imprisonment. Wm. Todd sued P. B. Bernston (Riverton) fpr £12 10s 6d and stated that, at defendant's . request, he got the case adjourned* from the previous day in . order to give him an opportunity of paying. Defendant did not appear and was ordered to pay the amount forthwith, in default 21 days' imprisonment. CLAIM FOR DISMISSAL. ■Jackson (Mr F. Raymond) v. W. E. Pope (Mr Watson), claim of £4 3s, for '■i wages and damages for wrongful dismissal. Plaintiff; was in, defendant's employ, as driver of a cart. His horse x fell very lame, and next day plaintiff was ordered to the country with this lame horse, which he refused to do, and defendant discharged him without payment in lieu of notice. _ ". . In giving judgment his Worship said that: piainuiff's contention that the horse was lame, had not been proved, > and in any case he. did not think an employe was justified in setting his opinion against that of his employer. Plaintiff had disobeyed his master and was lightly discharged. 'Defendant, however, -hofld have' paid wages due up to the 7 Saturday prior to dismissing plaintiff. Judgment would be for £2 10s (less amount paid into court). Court and solicitors' costs would be allowed, but us plaintijH had failed on the. issue of lameness, no witnesses' expenses would be allowed. : * ';.'• HORSE WARRANTY. Alfred Evan'- "v. W. Baird, a claim; of £47 H)s.-- Mr W. Macalister for plaintiff, Mr W . Y . 11. HaU for def endant. The hearing of this case Ayas resumed. Arthur* Gerrard stated that he made a post mortem exauninabion of r the mare and. came, to the conclusion that inflammation was the cause of 'death, *■ Mr Hall said it would be shown tliat, from the time defendant purchased tho mare till, he sold it to plaintiff,, the animal had not had any sickness and tjiat it was as healthy a beast as ever \w2llt into an/ auction yard.. Defendant oiily had possession of the mare for a %v*£ek arid had been quite satisfied to' purchuKe it privately, without any guarantee. .On his own showing/ plaintiff , ;., bought jtho mare after a thorough inspection. jUp to the time defendant X disposed of |ho mare, she fed' regularly and <Jid not shbw the least sign _; of disease. ;-. Defendant therefore contended that whatever w|nt wrong with the mare after 'ho disposed ot her, she was all right 'prior, to and on the day of the sale. The *_axe was taken to Forest HiU by train, and it was'a fair inference that she contracted ihe trouble either on t-he journey or in plain-; tiff's stable. - v • -A The defendant stated ttiat he bought j the -horse, for £89. She -.'as iri perfect health- Sent thei, horse to Mitchell's s_le yard' on Ist October. Bva_- was in the yard arid witness had a conversation with him about the purchase of a _ horse. Plaintiff seemed to know -go d deal about witness' transaction with Taylor over the. mare, and asked, witness how j much he wanted on his bargain. Witness said £2 and told witness, tho mare was sound iri wind . and limb. After seeing the filly ruri_;,Evaris purchased her. A There ! were no symptoms of ; disease In the | horse. yA few days after Evan_ botght j the filly, witness told 'Mr • Mitchell that j defendlant wouldn't have yjot tno fJly 80 j cheap, only he thought she might get strangles, because three or four months before, two or three young •.-.'.• horses had strangles in his stable.-—To Mr MacaKster: Would have given plaintiff any guarantee had it been" asked. ; At time of sale ho said,, '/There's a filly for you, Mr Evans, sound in wind and limb-" Mr Mitchell must have misunderstood 1 his remarks, in regard to strangles probably coming '.'on: There had been strangles in his stables, but he fan the chance of the filly contracting the disease, as he had no other place to keep the animal; in. Had known horses not eat feed (excepting grass) for a week, when' in strange? quarters, y . ; ;.;-. "'* • Win; Baird, jji^./yOhrafrlfes McCr-ath', Geo: and Alex. Baird, gave evidence, and J. B. Taylor stated . that from- the time the "mare Was foaled until he sold her she had never had a day's sickness. H. S. S. Kyle stated that in his opin-r ion, the mare died 'from acute pneuriipnia, based on the supposition, that there was' pleurisy with it. From the evidence he not say that- strangles was present -when plaintiff purchased the filly. The mare could not acqufire pneumonia: frpm other : ; horses: Assuming that she ; bety*e!_n 2- arid ,0 p:ni..pn the Saturday she ' was bought, it was possible^/that j3h«.;could have beeii cured if she had j lieeri properly! atteaded. to.r-To-Mr Macalister : Th©; seed- of. strangles might htLve been '.inZib&y Kmate: iihe. ;day that she was sold. A person who had possession of a y horse . j for some days would certainly see something ; in its condition that, would not be detected by a brief inspectipn.--To Mr Z ;Hall :■ It was just as possible that the mare caught cold after being sold, as that she was suffering from incipient; disease before the safe- ■ '.' ' . •.'■'■ *V-v •■.-.■■■•- .■:.. J.X, ■. A. M. Patterson, vetennary : sui*_.bn, ; stated that he was of the -same opinion as Mr Kyle regarding ..the cause of death, with the exception that 'it -was suppurative, not acute, pneumonia, hence the presence of pus in the lung- It v*as pro-. baible that the seed of the disease was, present in tho maro, when." the, sale tijok place,, and it was possible that it was contracted after the sale. The case was . adjourned until next Thursday for legal argument.