MAGISTRATE'S COURT.

Waikato Times, Volume 107, Issue 17996, 15 April 1930, Page 7

MAGISTRATE'S COURT.

DEATH. OF A DOG.

CLAIM FOR DAMAGES.

NEGLECT ALLEGED

The death of a pedigree Pomeranian dog was the subject of a claim for its value, £25,' brought by Mrs Annie Margaret Wheeler, wife of James Wheeler, of Frankton, in the Hamilton Magistrate’s Court to-day, before Mr Wyvern Wilson, S.M. Defendants were Victor William Priest, veterinarian, apd his wife, Elizabeth, in whose care the animal was left, while plaintiff went for a holiday. Mr E. Clayton-Greene, for plaintifT, said that recently Mrs Wheeler went away for a holiday, when she decided to 'leave her ' valuable pedigree Pomeranian dog with Mr and Mrs Prisst to be taken care of in her absence. For their services she arranged to pay them 7s 6d per week. The Priests were in the habit of looking after dogs in this way. She gave jssimctioiis as to the animal s feeding am-il left strict instructions that it msisS not he let off the chain, as it kadi previously been stolen. When fife returned for the dog she was infsmn&d that it had heen killed. The reason given for its death was that ife animal had heen fretting, that had let it'off the chain, and that lit heen run'over. On making in-g-mmss, however, she found It had hem.-chained to a fence, and that it jaaidl heen killed hy a motor van while so drained. ! pialntifPs Story.

•- FMrriaff, Annie Margaret "Wheeler, gjiro evidence, along the lines outlined hy hur solicitor. When she left the vdth the Priests,- she said, there Hesse'S eight, other dogs-' there. rihc -puM ££ f° r dog as a J ,tr P’ Rnd ’ v^as -pariSimlarly fond of him. She took the -sirnTibrmil to the Priests because she IhaxDghi it would be better looked afljar under their care thani.it would le; If simply left casually with filoids. _ ■ , Jeremiah Benolf, who saw the dog xtaai over while he was working in the Priigste'’ garden, said that it had been fell to -the fence at the side of the (bara. A lorry had driven up, and his aiamtiDn was called to the dog by Mrs .Pulimit after the lorry ..had departed, lit toad obviously been run over. Mrs was considerably npset, said wftaess. -I , _ ~ Gross-examined by Mr Tompkins, wiffiEiess told the Court that tbe lorry toad not pulled up. There were two ' paps playing around, in the drive at tte time. He had concluded it was fed up, as it had stopped in the same phase all the time, and had a cord or tfciin lied to its collar. Witness-.dc-mtsO. that Mrs Wheeler had promised ftiimi a spaniel. There had beeu no eosrvcrsatibn between himself and Mrs W&ieeler in that connection. Witness •ate denied that he told her that he not want to go to Court to gr\ e cvMence in this case. Robert Henry Hampton told his Worship that he had been breeding Pomeranians for the last ten years, Z'ZM liacl sold the dog as a pup to Mrs Wheeler for 6 guineas. On two occasions, he had offered Mrs Wheeler ihree guineas for the use of the dog for stud purposes. If the dog had been his ‘property he would have -snmied £2O to £25 for it. He based iMss estimate on the earning capacity of the animal. ' .. ... Cross-examined, witness said that to the dog had never been shown, but did; r not consider, that that detracted from Sss value- ‘ . (Proceeding.)