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Decisions of the Superior Courts of New South Wales, 1788-1899

Hemmings v. Musgrove [1842] NSWSupC 16

bailment - negligence - Wollongong

Supreme Court of New South Wales

Burton J., 2 February 1842

Source: Sydney Herald, 3 February 1842 [1]

This was an action on the case brought to recover the value of a mare of the plaintiff's alleged to have died through the negligence of the defendant, whilst in his custody, and on hire. Mr. Foster and Mr. Michie were for the plaintiff, and Mr. Windeyer for the defendant.

            A party named Algar proved that the mare was apparently in very good health when she left the yard of the plaintiff in the morning, and the defendant when cautioned to be careful with the animal, answered he would be responsible for her, or used words to that effect. Another witness of the name of Share, a veterinary surgeon, stated that he knew the mare in question; that he had been called in to give his opinion respecting her death, and that her body at the time was lying at a Mr. Brown's, about nine or ten miles from Wollongong. Witness examined the intestines of the mare, which were much inflamed, and were full of water. Could not say when the inflammation had arisen recently or not. This was the plaintiff's case.

            Mr. Windeyer, submitted that there was no evidence of negligence or improer treatment of the mare whilst under the defendant's care, and his Honor being of the same opinion the plaintiff was nonsuited.  

[1] See also Australian, 3 February 1842.

Published by the Division of Law, Macquarie University