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PORT LOCAL
Before Mr. V. F. J. Johnston, SM
Claim For Damages
Over Horse
Two unsuccessful attempts
were made by the magistrate
yesterday to have a claim for.'
damages settled out of court.
The plaintiff, Allen Alfred
Oakley, 23, farmer, of Kanga-{
rilla, claimed £250 damages for
the loss or a mare, and £25 for,
its detention. against Bert
Moon, of Stonehaven street,
Rosewater.
The defendant denied liability
on the ground that the loss of
the mare had not been due to
negligence on his part.
Mr. F. L. Worth, representing
Oakley, said the plaintiff bad
left the horse with Moon under
an arrangement whereby lie
would train it as a trotter for
three months and if it shoved
promise the time would be ex
tended.
The defendant bad told Oak
ley after three months that the
horse could not be registered as
la trotter, and when Oakley
asked for its return Moon had
said that the mare escaped
from its paddock and had been
last.
Replying to Mr. G. D. Hol
lidge, for Moon, the plaintiff
admitted he had bought the
niare for £10, and had used It for
riding to and from work.
Cross-examined further, Oak
ley said:—"l would offer MO if
it were outside the courtroom
and in good condition."
The Magistrate—Do you think
it would be fair and just for me
to order Moon to pay £250 if you
would only pay £40? j
Oakley—No. I don't suppose
it is.
On the magistrate's sugges
tion the parties to the action
left the court to attempt a pri
vate settlement. Tnto was un
successful and during later pro
ceedings the magistrate, invok
ing the Concilfatton Act. di
rected the parties and counsel to
£Q into tils wLUc be
attempted to bring about a
setUenient.
This also failed and die ease
was adjourned until November
U.
$