FARMERS IN COURT

Sun (Auckland), Volume III, Issue 676, 30 May 1929, Page 7

FARMERS IN COURT

CLAIM FOR MISSING CALVES NO NEGLIGENCE SHOWN (Special to THE SUN) WHANGAREI, Wednesday. A claim for £45, alleged to be the value of 11 calves, not returned, and. two cows, which had died, was made by Henry James Babe, of Waikiekie, against Samuel Johnson, in the Magistrate’s Court today. Evidence was given that Johnson secured a property at Taipuha at the beginning of last dairying season, and made an arrangement with Babe by which he was given the use of 22 cows, on the understanding that he should return to Babe all calves and a Dortion of the cheques received for cream supplies. Plaintiff said that when he first visited the property he found there had been a “burn,” and young fern was springing up among the ashes, creating a menace to stock. Johnson was away at Wellington. Five calves and the cows were removed. Ina, watertable near the house plaintiff found the remains of a cow which he readily recognised as belonging to his herd. Two days later he returned and took away six more calves, wnich were found straying on an adjoining farm. These were all the calves which could be found. Defendant said five calves were running on Mr. H. McCarroll’s farm, and could be taken away by Babe whenever h© desired. Mr. J. H. Luxford, S.M., said the defendant should have informed Babe that the remainder of tho stock were on McCarroll's place. There was no evidence to sliow that the loss of the cows was due to defendant’s negligence. Judgment was deferred until June TO, the magistrate making it clear that unless Babe recovered the five calves he would be granted £lO, and that in any case costs as for a claim of £lO would be entered in liis favour.