A DOG CASE

Timaru Herald, Volume CXXXVII, Issue 19512, 10 June 1933, Page 7

A DOG CASE

CLAIM FOR COMPENSATION By Telegraph—Press Association WELLINGTON, June 9. Alleging that defendant’s stable boy had thrown a stone at his ' pedigree Airedlale bitch, Meg Merripees, and thereby caused premature whelping, unhealthy puppies, and subsequently the death f the mother, Captain F. C. Graham, of Petone, claimed £75 damages from J. Leadbetter, horse trainer and owner, also of Petone, at the Magistrate’s Court to-day, before Mr E. Page, S.M. Counsel said that plaintiff, when returning from giving the bitch a walk, stopped to talk to friends. The animal ran ahead down a right-of-way where a stable boy threw a stone, striking her on the flank. In consequence she whelped prematurely, five of the 11 pups died soon after, and the bitch also died. The pups had to be reared by hand. In consequence, they were very sickly and prospective buyers refused to take them. In evidence, plaintiff said that he bought the bitch in 1932. He did not pay any money for her, but agreed to give the owner the first choice of a dog from the first litter. Witness said he had agreed to give the second choice to the man who lent him the dog to serve her. Cross-examined, witness said that four pups had been overlaid and smothered by the mother, one had died from exposure, two had been given away as he had promised, and one of the four remaining pups was a good specimen. It was submitted by counsel for the defendant that plaintiff had not established that the death of the bitch or the depreciation of the value of the puppies was due to a wrongful act on the part of anybody. The evidence, he said, would show that the death of the bitch and the present condition of the puppies were due to neglect on the part of plaintiff. A further defence would be that no stone had ever been thrown by the boy at the bitch, and that the boy had never been in the employ of defendant, consequently defendant could not be held liable. Even if the boy had thrown a stone, the evidence would be that the boy found the animal worrying chickens in defendant’s yard and had frightened it out. Evidence on these lines was given. A granddaughter of defendant said she saw the boy throw a stone, and another witness said the boy merely shooed the animal away.

The Magistrate reserved his decision,