was rendered almost valueless.— Mr Farquhar. son, veterinary surgeon, described the injuries sustained by the horse. In the course of his attendance he failed to see that the horse had been suffering before — Cross-examined : Being ridden hard, would cause a house to founder, but he did not think that a sweating horse being left in a cold stable would pro duce foundering. — For the deforce Mr Haggit* submitted that plaintiff must be non-suited. Both defendants had been sum moned unnecessarily, ai:d no evidence had been adduced as to negligence. — John Joyce, one of the defendants, stated in evidence that they rode as far as Blueskin, and took two hours and a half to go. When about a mile frani the junction coming back, one of tne horses was found to walk lame, and they walked it all the way. Witness waited at the junction and Mr Adams brought them into town. Ho had made every reasonable overture to plaintiff t« - come to a settlement. — J ohu Douglas, veterinary surgeon, had seen the bay mare which was tho subject of this action. He con sidered the mare was suffering from disease of long standing and heatinj; of the feet. He did not think the mare had received injury from hard riding, as there was no constitutional de rangement observable.— The Magistrate said he had come to the conclusion that there was no negligence, and defendant elected to take a non suit.
PORT CHALMERS.
