Healesville and Yarra Glen Guardian (Vic. : 1900 - 1942)(about) |
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Saturday 28 July 1923
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1 correction by Jancis - Show corrections
HORSES AND MOTOR CAR ACTION FOR DAMAGES. VERDICT' FOR COMPLAINANT. Arising out of a collision which took place at Healesville on March 9, an action was heard before Judge Dethridge in the County Court, Mel bourne, on Tuesday, when Henry J. F. Gunner, Manager for Wallder and Co. Pty., Healesville, sued John T. Cornish, cab proprietor, IHealesville, for £9.17.6 damages said to have been due to Cornish's negligence in allowing eight horses to run loose in Nicholson street. Gunner's case was that on the even- ing of March 9 he was driving a motor car onl the main road at Heales- ville when horses galloped out of de- fendant's stables. One of the animals collided with the car and damaged it. For the defence Cornish denied ownership of the horses and also de- nied negligence; he also alleged con- tributary negligence. Judge Dethridge, in sympathising with defendant, said that it was hard on Cornish, no doubt, to be required to lead his horses to a paddock. but if he took the trouble he would avoid all risk. As this had not been done he hadl to take the consequences. A verdict was given for the amount claimed , with costs.