Jones v Browne

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 31 July 1973
• Neutral Citation: KN 1973 HC 1
• Docket Number: No. 76 of 1968
• Date: 31 July 1973

High Court

Glasgow, J.

No. 76 of 1968

Jones

and

Browne

E. Walwyn for plaintiff.

F.E. Kelsick for defendant.

Tort - Trespass to chattels —The plaintiff's claimed against the defendant for damages for trespass and injury to the plaintiff's cattle — The plaintiff alleged that the defendant wilfully administered poison to the plaintiff's cattle — Judgment for the plaintiff.

Glasgow, J.

1 The plaintiff's claim against the defendant is for damages for trespass and injury to the plaintiff's cattle.

2 The Statement of Claim reads as follows:

• “1. The plaintiff was at all material times the owner in possession of ten cows in the hills at or near to Conaree Estate in the Island of Saint Christopher.

• 2. Between the 24 ^th and the 25 ^th days of June 1967 the defendant and one Norris Thibou wilfully administered some poisonous liquid to the plaintiff's said cows, whereby nine of the plaintiff's said cows were killed and the plaintiff has suffered damage.

And the plaintiff claims damages and costs.”

3 In his Statement of Defence the defendant admitted paragraph 1 of the Statement of Claim. The defendant denied having administered any poisonous liquid to the plaintiff's cows or any of then as alleged or at all, and the defendant did not admit the damage alleged.

4 The facts, as I find then, are as follows: On the 24 ^th and 25 ^th June 1967 the plaintiff was the owner in possession of 21 cattle: they were ten cows, four heifers and seven bulls. All the plaintiff's said cattle were in good condition when the plaintiff saw them on Conaree Hills at about 4 p.m. on the 24 ^th June 1967. On the following day – Sunday, the 25 ^th June – the plaintiff left his home at Conaree Village for Conaree Hill. He was accompanied by two small boys named Valentine Bradshaw and John Harris. John Harris is also known as Emanuel Gerald. When the plaintiff arrived at Conaree Hill he saw one of his cows tied up to a Loblolly tree on the said hill. The defendant was holding the head of the said cow and on Norris Thibou was putting a bottle to the cow's mouth. The plaintiff called out to the defendant and Thibou by their names and they ran away. The cow which the defendant had been holding burst its chain after the defendant and Thibou ran away. The cow was observed by the plaintiff to be dribbling and emitting slime from its mouth. Eight of the other cows belonging to the plaintiff were shortly afterwards found to be in the same...