Feilding R.M. Court

Feilding Star, Volume XIV, Issue 91, 21 January 1893, Page 2

Feilding R.M. Court

0 TnuRsDAY, 19th January. (Before Mr. Brabant, R.M.) The following cases were disposed of after we went to press on Thursday last. G. W. Theobald, and D. Ritzman v. Martin Bielski ; claim £15 for damages done to a crop of potatoes by pigs trespassing on the plaintiffs property. Mr Esani appeared for the plaintiffs, and Mr Sandilands for the defendant. I The plaintiff Theobold gave evidence as to the amount of damage done. A Humphry in the employ of plaintiffs stated in his evidence, that the amount claimed was a very reasonable one ; this witness also added that the fences were in a good state of repair prior to the pigs breaking the gate down, leading to the field. By the Bench: Witness considered that nearly two tons of potatoes were destroyed. Daniel Ritzman deposed that he planted the land with the potatoes, and had since sold the property to Theobald ; witness estimated the crop as two or three tons less than it would have been had the pigs not got into the land ; the seed which cost 9s per cwt had to be brought from Halcombe on pack horses as the road to Pomberton last winter was impassable by vehicular traffic; witness has never snen anyone cisc's pigs near the field, except Bielski's. Mr Sandilands, in opening his case, ssiid he should call witnesses who: would show that the estimate of damage was excessive, also that the fence in question was not a legal one, and .therefore plaintiffs were not entitled to claim damages. The defendant deposed that several neighbours kept pigs which were similar to those belonging to himself; it was impossible for the pigs to get through the fence, and they could not possibly have broken the gate down ; the area of the ground on which the potatoes were growing, was less than a quarter of an acre. Cross-examined : Defendant admitted selling potatoes at 6s the cwt. He neyer noticed any damage had been done by the pigs. Thomas Moffatt deposed that when he inspected the potatoes, he estimated the area at an eighth of an acre ; witness did not see auy damage had been done to the crop ; assuming the potatoes were fit to dig, he should estimate their value at 5s a cwt, Cross-examined ; When he saw the crop, witness did sot take any steps to ascertain if the tops had any potatoes to them ; his estimate was based on a superficial examination. Gregory Martin and James Stent were also called for the defence. Mr Sandilands haying reviewed the case for the defence, Mr Esam replied. The Bench considered that the plaintiffs evidence proved that the fence was a legal one, and this evidence was not contradicted by the witnesses for the defence. Judgment would be for plain* tiffs for the sum of £5, with costs of Court £3 4s, witnesses expenses Jt'3 1, solicitor's fee 21s. Defendant was allowed one month to pay half the sum, and a further term of one month in which to pay the balance. F. W, Clayton y. J. P. Johnston; claim £3 ss. Defendant paid £1 12s into Court. Mr Sandilands for the plaintiff, Mr Hankins for the defendant. F. W, Clayton deposed that he was engaged by Mr Arthur Johneton to go shearing for the defendant, no rate of wages being specified at the time ; when plaintiff applied for a settlement, the defendant offered him a cheque for. 30s, which plaintiff declined to accept ; in a subsequent interview with Arthur Johnston, the latter said he would pay him what was fair ; the defendant refused to pay Is an hour, as he said it was absurd. Cross-examined : Plaintiff told Arthur Johnston that he. was out here gaining colonial experience, and told him that he would give them a hand dunng their shearing. John Sanders, C. A. J. Levett, G. fl. Currin, and James Corrie, gave evidence for the plaintiff as to the price usually paid to general hands at shearing time. Mr Bankins, for the defence, called Arthur Johnston, who deposed to the conversation which took place with Clayton at the time he was engaged, and said the latter offered to come for nothing, as he wished to obtain experience. G. E. Little's evidence stated that 20s to 22a 6d a week and found was a fair price. J. H. Corry, who was present when the arrangement was made between Arthur Johnston and the plaintiff, corroborated Johnston's evidence as to what was arranged at the time Clayton was put on, His Worship at this stage stopped the case, and gave a verdict for plaintiff for 32s the amount paid into court. M. Keen v. H. Bilderbeck, junr. ; claim £1 15s. Mr Sandilands for the plaintiff. Judgment for the amount claimed with costs 6s. Bismark v. Bismark; an order was granted in the R.M. Court, Palmerston some months ago, by which the defend* ant was to allow his wife £5 8 month for maintenance, and as the defendant was about to leave the colony he was ordered by the Crown to put in Ja surety for the sum of £100. Tee son of the defendant was accepted as surety, and Mr Saudilands for the plaintiff applied that the son's recognizance's might be estreated. After hearing Mr Prior for the defence his Worship granted the order as sought for. \ The Court then adjourned till the 2nd of February.