The Hawaiian gazette., 1891-05-26

OPINION OF BICKERToN AND DOLE, j. j.
BY DOLE, J.
We adopt the statement Of the
case from the opinion of the other
two Justices, from whose conclu-
sions, however, as to the law of the
case we disagree.
The charge of the presiding JUS
tice to the jury, that g in order to
hold the infant defendant they must
find the injury to the animal to have
been willfully and Intentionally
committed, but that they might find
the willful intent from the surround
ing circumstances and not necessari-
" from declarations, none such hav-
ing been proved" was undoubtedly
correct.
We find the following testimony,
bearing on the injurious treatment
of the horse, in the statement of evil
dence of the bill of exceptions.
every free horse; was about me-
dunn on the bit; would pull on the
bit some; was fit for lady. by S.
l. Shaw, one of the plaintiffs
[ was there when (horse) came in,
1870 P. NJ; was in very exhausted
condition; sweaty all over. He
walked when he came in as if ex-
hausted; he hung his head. As
soon as he got in the stall he lay
down. He got up in little while
and lay down again. Would not
take water; ate a little manienie the
next day. His mouth was dry when
he came In. Defendant had had the
horse several times before; defen-
dant has got horses from five or six
times during two or three months
previous to that date. (By j. Shaw
Am night Waterman at Hawaiian
Hotel Stables; / recollect when the
horse came in; came in about six;
[ noticed the horse was very tired;
something the matter with him: not
there over a minute when he lay
down. Horse breathed hard; would
not eat; would drink swallow or
two. Mouth was very dry when l
washed it out. (By j. w. Skinner.)
Am a veterinary surgeon; saw the
horse Sunday evening. He was in
state of great exhaustion; remained
so until he died Saw him between
6 and $50; was in box stall breath
ing rapidly; tongue very parched;
pulse rapid and weak. I considered
it a case Of over exertion; no symp-
toms of laundering. Foundering
comes from a hard drive Oh hard
road, and being fed or watered be-
fore being cooled off. First symp-
tom of laundering is a stifening OF
gait; high fever, rapid breathing,
dry mouth is symptom of fever in
a horse. A rapid pulse Is also
symptom of fever. Horses may live
for few days if over-exertion is the
cause Of death. They often drop
dead. The pulse was very rapid and
very weak. Horse forty-five to fifty
pulse per minute. Young animals
pulse more rapid. This horses
pulse was over seventy at the time
believe his bowels were paralyzed.
His spine seemed to be affected. In
my opinion he died from over driv-
ing. The night Waterman pointed
out several whip marks, and don't !
know how many, more than one.
(By A r. Rowat.)
Saw horse brought back tired; al
most fell down. (By Tom King.)
Received horse at my house after
2 P. NJ; my residence is at Kewalo. |
Condition of horse was then some
what heated up. Asked boy who |
fetched horse if he had driven it !
hard. I asked him because l saw
horses mouth was full of froth. l |
drove out to Waikiki with my sister.
After that l drove home and was
there about fifteen minutes; thence
went to ice-cream parlors and to /
Waikiki again. Picked up Ed. Stiles
on the way. On return went up to
Sam Ladd's; was there about ten
minutes. Thence to Judd street
down Liliha street to School street
and then drove up to slaughter
house at Kalihi. From there out to
Kapiolani Park and hack to house.
When first went out to Waikiki
horse was full of froth Went home
and rubbed it down, after which it
became all right. l was eight
cen last October. When Mr..
Stiles jumped on let him drive.
We were all talking and laughing
and having good time and not
paying any particular attention to
the horse. by E. X. Cummins, de-
fendsnt.)
Had charge Of the horse when |
jumped in: drove it slowly; whipped
it occasionally, not hard. (By Z.
Stiles.)"
The question before us is, was
there evidence in support of the YER
dict?
The contract of an infant may not
be enforced by the other party unless
it is affirmed by the infant upon be-
coming of age. But the principle is
generally recognized that where an
infant makes a contract by which he
has tho rco of aomathino for time.