MAGISTRATE'S COURT.

Wanganui Chronicle, Volume XXXVIII, Issue 12120, 4 December 1894, Page 2

MAGISTRATE'S COURT.

Monday, 3bd Dbcbhbbb,

(Beforo Mr 0. 0. Kottlo, S.M,)

DBSBNDED OASB.

Robert Ross v. J. T. Muir and A. Poole, claim £20. Mr D. Hogg for plaintiff and Mr Barnicoat for dofendant. This was an aofion brought by plaintiff for tho reeoysry of amount stated for damage by accident to horse, trap and harness.

R. Hon, livoryatable-keeper, said that on Soptomber 9th he hired to defendants a Bradley and harness to go to Kai Iwi. An accidont happened, Kad the hone 4 yews —3 years in single harnesa — a very quiet horsnj no complaint*. Whs nut in tho stables whon Muir and Poolo left. When be heard of the accidont ho sont out a horse und trap to bring tbem in. Mr Bris'ol brought tho horso in ; that was when he hoard of tbe accident. NexS day s Jit out to Ooat Valley for broken trap— Charged 12s 6J, a fair charge. Tho horso was vory lame and knocked abont ; when brought in tbo animal boro marks of considerable sweat. Ho had tho trap repaired, the cist being being £4 15s. Charged loss of uteof trap 14 days at 5s per day— a reasonable charge and a rcaponable time. The horse was over a month in stablo. Had to nurse and look alter him for that time. Could make no nee of bim during that time; 6s per day is a reasonable charge. Only charged 15s por week. Have never allowed the horse einco in harness and only let him out once as a saddle horse. Considered 15s per week as a fair obarge for feed of horso. Horse has depreciated ir. value very muoh through tho accident. Would not have taken £30 for tho horso on tho morning of the accident. Would not get £10 for him now. Havo been 12 years in Wanganui, 10 in Otago and 5 in Wellington as a livery-stable-keeper. Nevor had complaints ai to harness and traps since being in business, such as harncsi rotten, trap out of order, horses vicious, eto. The horse would go out sometimes four or five times a week, Severol gentlomon have driven him. The harness given wne one of the belt sets in the ftible, only had it about a year. A good set ought to last six or seven years. The reina produced were used on the oosasion. Ihey wore a firstclaas pair of reins Did not think the jninß in tbe reins oould have been broken with a fair pull. Saw tho winkers on tho horse outaido the Court last Monday. Ab Mr Poole showed him, thoy wero proper winkers. Tho horso ojuld go without winker ; .saw it after altered ; it would havo the e'ffeot, of gagging the boree and annoying him, ' Bad driven the horso se'vbral times, and it was at quiet a ono as ever ho bad driven. The joins in the reins came betwoon the rump and tho dash board, Btitobea could not have been worn through or chaffed. Cro;s-examined by Mr Barnicoat — Name Ramrod, bought him four years ago for £15: Ts a weli-hred horse— a thoroughbred; Had driven it-, os leader in tho break. He would not stand the whip, Could net say 1 whethor Mr Muir drove the horso beforo The set of harness was bought from a wholesale firm and has never been msnded. Mr Kitohen does his mending. A pair of reins ought to stand a fair pull. Should be very muoh catoniohed if the; broke with a pull. Beth reins presented the same appearance on con ing into the' Btablo. If the horse holted and the driver pulling on the roms thoy broke thon he would say thoy weie bad, It was tho man's duty to examine the hnrncßS beforo it left the etsblcs. In these particular roms thoy havo no friction. Tho spliooj ODuld not got any friotion for thoy were clear of the horse. Was surprised at the horse kicking, but asserted he ( did kiok. Paw tho dash boatd broken, but could not understand it teiag done with a kick: Tho horae- was of ,a vsry excitable nature and would not stand the whip.

Be cxamiucd —On buying the bxr.e broko him into harness, and such breaking io added value to tho onimil. The horse was easy to hold but would play up if it with the whip.

Cross-examined -Did not think it was fair treatment to leave the horso standing about an hour.

J. Caton said ho had beon driving about 11 rears and considered tho horse in question vory quiet, not requiring a whip, but if hit, he nearly juops out of hia skin. Morton Jonos said ho had driven the horso which had never gjvon him any anxiety. The animsl had never otterapted to bolt and he had no oomplaints to rqake. Cross-examined— He had noticed accidents happening without qny apparent cause. P. D. Hogg said ho had driven the harep Ramrod in singlo ana doublo harness t had found the horso trustworthy, and had never any complaints to make re harness, elo. This ovidence was corroborat.'d by B. E. Hibbord. D. Kitchon, saddler, saw the reins tha morning aftor tho accident, and to him thov looked as it they had boon out ; ho could sco no rcaion why tho reins should break, and thought it impossible they did break through fair pulling, lhe leather of which tho roms were manufactured was good, and had not long boon in use. . Oross-examinod —The stitches looked aßif tho reins had boen cut; should think a man would bo a lunatic to cut the reins and tho a drive with them.

Crocs examined — If a horse put bis foot on the tome thoy would break off at the billet, and not at (he stitching 0. T. Borrotfc «aid ho saw tho thw o young men drive out of tho hotel at Kni Iwi, when tho horso starred off at a free trot. New the bridge hesiw the driver get up and it looked as if he was flogging tho horse with tho whip. The horte started to gallop, and ' ho bow the driver thrashing tho horse uoti; it disappeared out of sight. Ho could not say he saw Hie whip hit the horse. Last Tuesday or Wednesday ho wrote to Mr Hogg Btatine that there was come valuable evidence to come forward, and stipulated that Mr Hogg should corao out and soo witness. He had been told (hat it was a strnmo tho wrong man should bo let in for it. " C. Benetr, re-called, said he did not eqs anyone Biart away from the hotel before tne three left, although he wa3 sitting on "the fence all the time. He saw the driver standing up and bpating the 'horse for about a hundred yards, ft 'was not possitl'ifcr him to hivo made' a mistake. Frederick Qlsaii, ship's carp3ntori who was with Benett, Rave similar evidence. He was certain the driver had a whip in his hand. Cro3s-examinod— He saw the driver swinging the whip, but could not B3e him hit the horße. He. did not notice whore the whip was kept. This closod the case for the plaintiff.and Mr Barnicoat hiving briefly stated his case calkd Jas, T. Muir, one of tho defendants, who g*ve evidence similar to that given by thq_ defendant Poole, and which has already bean published. He had been inWanganui some three years, and had been in tho habit of hiring horsea either from tJr Boss or Mr Smiley, and had had the horse in question several times- The horse was quiet, but veiy touchy, Tho statement that Poolo, who was driving when they left tho hotel, had used tho whip waß false. Cross-examined— He could not say what caused the horse to bolt. A small boy named Walter Davy was noxt called, and said ho remembered holding a horse for some gentlemen at the Kni Iwi Hotel some Jtwo or three months ago. George Brown, one of the three who were in the trap, said he went at the invitation of the other two, who overtook him in tho street. There was no previous arrangement for his going. Witness >gave evidence corroborative ot that given by the defendants. He was positive that the whip was not used. JoEep]i Moon, butcher, of Westmere, gave evidence as to seeing the accident and noticing the blinkers loose, and his evidence was corroborated by Eobert McLean, after whioh the Court adjourned until next morning. (Before H. W. Brabant, 8.M.) JQDOJtSNT SUMJnwa. Bowerman Bros. v. P, M. Hogg. Ordered to pay amount (16s) within seven days, in default seven days imprisonment! W. Hogg v. W. E Smith, claim £11 19 b. Ordered that: amount be pnM within three ',

day», in default Hdavs iraptieonment. T/HDBFBSBBD CASES, A. Laird, jun.v. W. MoUowell, claim £1 10s • judgment for atnouni, rests 9i. Hiroti Haimona v. Mia Eanginui, olarn . £8 8«-, iadgmtnt for £7 B.<, costs £3 Is. Hutchison and Hogg v. IT. T. Tumor, claim £133 13? , with costs ta. M. Rioidan v. C. O'Lwrv, claim £2a 8j Id, lees contra account 19, wth ooats i.l 14j T. E. Thompson and Co. v. Edward Derby, claim 16s 9d, with costs Os Hamo f. B. tt'c-lwom, claim £2 6* bd, with costs ss. . , F 7%. House t, F. Bolton, claim 8s od, with costs 6s. Jonos and Magnuson v. A. Joggs, claim £ 4, 105, with eosfcp 5s Walker and Lomax (assignees in estato of W. MoSkimming), claim £2, Tilth costs EUf n Hogan v, Hiro Hireka, claim £1 2s Bd, with costs ss. . . Ellen Shelley v. Winhana Hunia, claioi £5 16s, with costs £1 8» 6d. DBJBHDBD OASK. J W, Hosking v. G. Bes'oy. claim £2 19s' Mr Hogg for plaintiff. Judgment for plaintiff for £2 12s, with costs 10?, and counsel's fee, £1 (to. Mr Hog wked for fcho -plaintiff's expenses. Mr Brabant said this was a casa in wbich neither party had j been successful, and he did not think it was ■ one in which costs should be allowed.