The owners of a dachshund have branded junk mail 'the scourge of the 21st century' after losing a court case in which they claimed their pet had been partially paralysed jumping for a Safeways leaflet left hanging in their Devon home's letterbox.

'If people want their pets not to be injured I would advise them to block up their letterboxes,' said 62-year-old Gordon Musselwhite after the small claims hearing at Plymouth county court.

Retired company director Mr Musselwhite and his 61-year-old wife Susan claimed £2,906 in vets bills and legal expenses as a result of the alleged incident at their home in Yealmpton on December 1, 2001.

But district judge Peter Corrigan said he was satisfied there was no breach of duty by Safeways and added: 'I do not find a suspended leaflet equates to negligence.'

Mr Musselwhite claimed that while he and his wife were out shopping, Muffin and their other dachshund Belle were left with the run of the hall.

When they returned they found leaflets sticking out of the letterbox, and a Safeways leaflet with teeth marks on in on the floor.

The claimed Muffin had injured himself jumping up the reach the leaflets.

The court watched a six-minute video taken by the Musselwhites of Muffin in their garden, around a month after the incident, showing a scar along his spine following an operation.

Mr Musselwhite at one stage delivered a copy of the video to the Safeways headquarters in Hayes, north-west London.

'Safeways are responsible for injuring the dog it was their junk mail for their commercial gain, it was unauthorised and unsoliticted,' Mr Musselwhite told the court.

'They did not have in place a contract with any other party which could be considered as absolving them from responsibility,' he said.

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