DISTRICT COURT.

Star (Christchurch), Issue 5023, 9 June 1884, Page 3

DISTRICT COURT.

THIS DAY. (Before His Honor Judge "Ward.) GAMBLE V. CANNON. Mr Joynt for tho plaintiff ; Mr Martin for tho defendant. Tins case, which had been referred to arbitration, was to recover J8125 damages. The award cf the arbitrators was for the plaintiff, 15s. The costs up to May 9 were to abide the result of the arbitration, but as the arbitrators had said nothing with regard to the costs of the arbitration, the award was referred back to them for the necessary additions to be made. BHEEHAN V. PANNETT. Mr Holmes, for plaintiff; Mr Westcn, for defendant. This was an action to recover .£2OO damages. Mr Weston informed the Court that his client -was absent, and expressed fear that his client was either ill or had forgotten the day. He applied for an adjournment, on paying the costs "of the day. Mr Holmes consented, and the case was adjourned. BERRY V. BHARPE. Mr Holmes for the plaintiff, Mr Joynt for defendant. This was an action to recover JB2OO i damages. [ On the application of Mr Holmes, all the i witnesses were ordered out of Court. f The following witnesses were examined for the plaintiff : — Dr Townend : On Feb. 13 saw plaintiff, who was suffering from a dislocated j shoulder joint ; he was in a very bruised ; state. His clothes were very dirty. In ; presence of defendant plaintiff said that he j had faced defendant's bull on the assur- : ance from defendant that the animal was < quiet. Had placed plaintiff under chloro- I form at once and reduce the dislocation. j Cross-examined : The bruises were not of 1 much consequence. A month or six weeks : as a general rule would set matters right, i Re-examined : His years might retard ; his cure. i — Berry, plaintiff : Had been engaged • at Parker's office to go to defendant's as | gardener, groom, and to milk. On the following Tuesday morning was told by , Mrs Sharpe to let the bull have a drink. < Mr Sharpe told him the bull was quiet. I In the afternoon when tethering the bull, • the animal attacked witness. Defend- j ant was safe inside the enclosure for j milking, and told witness to take a stick, which would frighten the bull. '< Took the stick, shook it, and shouted . at the bull, which rushed furiously at witness. The first blow stunned witness, and sent him about ten yards. The bull rushed . after him, got his feet on him, and , trampled him. The bull was a shorthorn, j and could not get his horns at witness, who j was lying in a little hollow. Witness be- j came insensible, and when he recovered ; consciousness found himself lying on the same spot, but no bull or any one near, j Mr and Mrs Sharpe came and assisted him j into the house. Asked plaintiff to go for a j doctor, but he said he did not go to that part of the town. Subsequently defendant j spoke to Mr Gumming, a friend of witness', ; who got Dr Townend to come. Found a ! tooth in his mouth, which had been knocked out by the bull. Defendant brought hot water and washed his face. Told defendant he was " cooked." Defendant could see that his arm was out of it 3 place. Complained to defendant of his side, his head, and his arm. Was two days without a doctor. Was taken to the Hos- J pital on the following Saturday, and i remained there a month. Was then told he could go, as he preferred his own little j whart. Was not recovered yet. His I clothes were damaged. His claim included ■ expenses for doctor's fee, Hospital fee, &c, and .£125 for injuries to his body. Could no longer follow his trade as gardener. Had been in the Colony ten years and had never wanted money. Cross-examined : Buttoned up his coat to prevent the Bull seeing his red shirt. Mrs Sharpe did not think him quick enough at i milking. Bulls were treacherous animalsT"' and should have rings in their noses. Was ' hurt on Tuesday afternoon. Dr Townend came the next afternoon. Had worked for Mr Cordy, of Hororata, till Feb. 1. John Julius Parker: Had effected the engagement between the parties. Peter Cumming : No one could see that the arm was dislocated till the clothes were removed. Plaintiff could milk. Cross-examined: Defendant had called on witness about 8 o'clock in the morning. Mr and Mrs Keogh, neighbours of the defendant, gave the bull a bad character for viciousness. John Clough did not consider the bull dangerous, though he had seen it horn a perambulator, had heard it roar at people, and had been run after by it. This was the case for the plaintiff. Mr Joynt asked for a nonsuit, because the plaintiff had proved that he had reason to believe that the bull was dangerous before he went to it. He Fhould have refused to do the act which incurred the danger, and if he did not lie had no remedy. He cited M. Smith's "Master and Servant," Third Edition, 193, 194, 210, 214 and 21G. A similar case had been decided this year, and was reported in Law Journal weekly notes, March 29, 1884 ; this was Griffiths v London and St Katherine Docks Company. Mr Holmes submitted that the cases cited did hot apply. The plaintiff had relied on the information given him by the defendant. His Honor ruled that the answer of the master took the case out of the category of those cited by Mr Joynt. Mr Joynt opened for the defence, and called the following evidence : — — Sharpe, the defendant : Engaged plaintiff to milk and make himself generally useful. Plaintiff could not milk. The cows were old milkers. Told him he ■was not worth £1 a "week, and he agreed to stop the week out at 153. Had had the bull about four years — since it was a calf. It was always very quiet with witness, who had never known it attack any one. Had received no complaints that tho bull was vicious. [Left sitting.]