A DOG’S DEATH.

Wanganui Herald, Volume LIII, Issue 16036, 29 January 1920, Page 9

A DOG’S DEATH.

DAMAGES AGAINST MOTORIST,

HAMILTON, January 28

, An action was brought in the Hamilton Court, yesterday, before Mr H. A. Noting, S.M., by H. J. Walsh, for the value of a dog, and by Messrs Stead and Richmond for the value of a sheep, alleged to have been killed by the negligent driving of a motor car by F, H. Allison, defendant.

The value of the dog was put down at ,£ls, and the ewe at 32s 6d. A claim was also entered of £1 for damages to a wether. Plaintiffs were represented by Mr H. Gilles, and defendant by Mr Hunt.

Tlie defence was a denial of negligence and 1-hat any sheep were killed or injured on the occasion referred to, though defendant admitted running over and killing the dog, but stated that the accident was unavoidable, and that if there was any negligence it was on the part of the person in charge of the dog. Evidence was heard on both sides, and the the Magistrate said he could not see bow the dog could have been found in the position it was, and in a dying condition if the car had been going at ;a speed of three or four miles an hour, as stated. His Worship held that defeiidant was going at an excessive speed, and did not give due warning of his.'approach. With regard to the sheep, ( ihere was no evidence to prove that aiiy injury was occasioned them by the motor car. He therefore gave judgment for plaintiff in the case of the dog, and for defendant in regard to the sheep.