A WAITOTARA CASE

Wanganui Chronicle, Volume 79, Issue 220, 17 September 1936, Page 3

A WAITOTARA CASE

CLAIM FOR DAMAGES MADE ALLEGED INJURY TO STOCK A LENGTHY HEARING The hearing of a civil action between two parties resident near Waitotara, which has already occupied the attention of the Wanganui Magistrate's Court for over two days, and is likely to continue for perhaps another two, was resumed before Mr J. H. Salmon, S.M. yesterday. The parties to the action are Isobel Thynne, farmer, of Waitotara, plaintiff, and James Lord, farm manager, Waitotara, and his wife, Lillian Dorothy Lord, defendants. Mrs Thynne's action seeks a sum of 1297 damages. She has alleged that defendants interfered with hetcows, with a result that she has suffered loss. The defence, which was opened yesterday, is a direct denial of the allegations. Mr A. D. Brodie (Wanganui), with him Mr J. A. Cowdell (Waverley) appeared for Mrs Thynne, and Mr B. C. Haggitt (Wanganui) for the Lords. The case was opened on August 13, continued on August 14, and resumed yesterday, the sittings of the court'being curtailed sufficiently to allow the parties to attend to milkings in between times.

Plaintiff alleged that on the morning of June 13, 1935, the defendants, or one of them, by their children, without lawful excuse, violently chased plaintiff’s cows and caused injury. On the same afternoon it was alleged that the cows were again chased with dogs, and it was also alleged that these acts were repeated again on the following day. and also on June 15. It was further alleged that on June 16 James Lord drove and worried the cows with dogs on the Parakama Road and down a precipitous hillside across country to the Waitotara Valley Road. As a result, it was stated, three cows died, two were rendered useless as dairy cows, five slipped calves, and the remainder lost greatly in condition and in yield of milk. It was contended that plaintiff incurred loss of farming profits during the season and was put to other expense and trouble in attending to the injured cows. For butterfat loss £l6O was claimed, loss in pigs £4O, and in disabled and dead cows £42. General damages of £25 were claimed, and with other incidentals the total claim was made up to £297. Evidence was given in support of the claim by several witnesses, including the plaintiff's two sons. Seton and Cecil Thynne. Giving evidence Cecil Thynne said that, he had seen two children of the defendant's chasing the cows on the road. After finishing milking on June 16, witness, in consequence of something his mother told him, went to the junction and found 10 cows. They were exhausted and covered with mud, and looked as though they had been flogged with a whip. He then went, to the Valley Road to look lor the other cows. He found eight out of the twenty, and they were in a similar condition to the other ten, only worse. Witness said that he traced tracks which, he alleged. showed that the cows had been driven, down the hillside at a hand gallop. There were horse's tracks, which witness alleged he traced as coming behind the cows and then going back up a gully, on to the road again, and then to Lord's house. Witness said that he traced the horse, examined it. the saddle and a whip, all of which he alleged had been used recently. Later witness had gone for the police, and had accompanied Constable Skinner to Lord's house, where they got Lord out of bed. Witness said that the constable had also examined the horse, saddle and bridle, and said he was satisfied they had been used recently. Witness was lengthily cross-examin-ed by Mr Haggitt. To the magistrate: The real damage the cows suffered was as a result, of what happened on the Sunday night. Mr Haggitt was refused a non-suit on all five causes of action, and the court heard evidence for the defence. Mr Haggitt. opening, said that the defence would be that no damage was done at all by the defendants. Evidence would be brought to show that the cows had clustered round defendant’s gate and poked through the fences. Contending that it was useless to merely drive them off down the Parakama Road, he had driven them over the ridge on foot and without dogs. He would definitely swear that he did not have dogs and that the route taken by the cows was a stock route. James Lord gave evidence along the lines of his counsel's opening. He said that he had lei the cows make their own pace, and had purposely stood by the bridge to see that, none of them got into the creek, which was five feet deep. If they had got in there, he allege, they could not get out without assistance. Mr Haggitt: Did Constable Skinner, in your presence and the presence of Cecil Thynne. express any opinion at all as to whether the horse, saddle or bridle had been recently used? —Yes. He- said he was definitely satisfied that neither horse, saddle nor bridle had been used at all that day. The magistrate remarked that the constable’s evidence should have been got, as it was important. Mr Brodie stated that the constable was away in the South Island. The magistrate: His evidence is important, and could have been taken on commission. It would have been worth while.