MAGISTRATES COURT.

Wanganui Chronicle, Volume XXXVIII, Issue 12120, 5 December 1894, Page 2

MAGISTRATES COURT.

Tuesday, December 4'ih.

(Before Mr C. 0. KettU S.M.)

DEFENDED CiSB,

The case E, Boss v. J T. Muir and A. Poole, claim .£2O for recovery for damage by accident to howe, trap, and harness, was continued, Mr Hogg for plaintiff nnd Mr Barnicoat for defendant.

J. Lord, saddler, in the employ of W. L. Cod, stated that in his opinion the breaking of the roms was duo to friction, as ho oonsidarcd tho under part of tho Btitohing had rubbed awny.

Cross examined — The roms might havo stood tho pulling of a broken hone far a tmlo imd then brokon after that. Could see that t!io threads w«ra worn through on the ono side through rubbiug on something. Spanking goneratyy ihar.ius wero well modo and the leather was goad. If tho reins worn properly etituhfd, and the leather good they would last over 12 months at tho rate of half a day fer four or fivo dajs a week, nnd w.nild probably want stitching after a couplo of jeara if in fairly constant, wear. Had neve; 1 seen a good rein broken with fair pulling. Bo examinod -The quality of leather in the harness was good, lioins often giro in tho stitches boforo absolutely breaking. ,

Tho wil.Dces was here asked b; Mr Hogg tj ezatnino the harnose, and on doing so, pronounced it well mado, but 'ihowod v portion where the stitches hud come out through friction. George Ellioon, saddler and harnoßß maker said tho reins had certainly not been cut, but had bcon apart through pome strain thtough tho stitchiug Riving away on the underneath eido. In his oxperioncj it was not a usual thing for tho rciua t > go like they had.

0. M. 0. Bowor, employed at Smile/a stables, ftavo corroborative evidonos regardiDE t!io breaking of the reirm, aud thought it vory improbable a man would bo able to stand up in a trap liko a Bradley and thrajb t, horse— it would bo a very uncomfortable position for the man. Oroes-cximined— The reins were good knos, and the strain of v milo with a man ufc one end of tho reins and a bolliog horse uUhoothor was a good odo. T. 8. Bristol, butcbor, gavo parl:oulara ub to b fiing prcsont juit after the accident, in company with other*. The lightening up of the blinkers was suggested to koep thorn closer to tbe horses bend, and tho animal thoD Beemed lo go quicker. It was noar the top of tho hill that tho horse bolted and all Ihrca rccupante wero thrown out. Tho Qret rein broke through pulling bu(> did not know about tho other. Saw no murks of wbippiDg on the horse. Croao-eiatnined -Tho driver had no whip in Mi hand wl iie driving. The Court here adjourned till 12 30. Mr Barnicoat, on the Court resuming, applied for an adjournment for the production of other evidenco, but this was objected lo by Mr Hogg and was not allowed by the Bench, Mr Kettle holding that the defendant! had slept upon their rights and it would be introducing b vory dangorou3 prsoliw if, undnr Ihe cir-'umatances, he allowed fiuch nrij uirnnient. Iho < ourt (iicn adjourned uutil ]C o'c'ook this (Wednesday) morning.