A CO KILDARE horse trainer, who told a judge two of his mares lost valuable foals because ESB workmen left gates open on his land, has lost a damages claim against the board.
Donal Magnier, of Boston Hill, Rathangan, Co Kildare, said ESB workmen had entered his land at Ballinabrackey, Co Meath, to erect electricity poles, and, as well as having failed to reinstate diggings, had left gates open between fields.
He told the Dublin Circuit Civil Court yesterday that as a result of their actions two mares in foal had mixed with and run with other horses and had lost foals worth more than €5,000.
Damien Keaney, counsel for the ESB, told Judge Joseph Matthews that the board denied all claims by Mr Magnier, and had reinstated the land to the condition it had been in prior to the erection of pylons.
The court heard Mr Magnier, also a building contractor, had 25 horses which he had kept on land at Ballinabrackey. He was claiming €10,700 for the value of the foals, €2,500 for stud fees, €2,400 for veterinary fees and €6,800 which he said he spent on reinstating his land.
Judge Matthews dismissed Mr Magnier's claims on the basis there had been insufficient evidence of a link between the mares having been allowed to run with other horses and the fact they had lost their foals. Awarding costs of the case to the board, he said Mr Magnier had been unable to establish that he had reinstated the land and not the ESB.