POTATO DIGGING.

Gisborne Times, Volume XXVI, Issue 2233, 3 July 1908, Page 1

POTATO DIGGING.

CLAIM FOIt PAYMENT FOR WORK. At the Magistrate’s Court yesterday, Mr. IV. A. Burton, S.M., on the JJenoli, Walter Birkott, laborer of Ormond, sued Huge Binnio for £4 os for work and labor done in digging and bagging potatoes, Mr \V. Nolan appeared for plaintiff and Mr T. A. Coleman for the defendant, who coun- ■ ter claimed £9 17s for negligence and ' moneys advanced. Mr Coleman withdrew an amount of £-1 15s from the counter claim. Plaintiff stated that in Ma.v last he had a conversation with defendant as to work digging potatoes. Two men named Wilson and Branson were 1 present and defendant said to Branson and plaintiff they could start digging at a payment of 2s and Is 6d per big. The different prices being for different grades. There was no stipulation that plaintiff should dig thu whole paddock. The work was started and it was found the potatoes were badly affected with blight. Branson only worked one day and a man named Buchanan took his place. Witness worked 8 days with Buchanan or niiio days in all. Defendant often came to see lime the work was going on. The potatoes were left out in the rain and frost for nearly a fortnight. Defendant suggested that some boys should be got. to pick the potatoes o v 'er and that was done. About a fortnight after the work was started plaintiff went to M'aipawa and remained two days. When lie came hack he saw his mate Buchanan who said lie had been paid £2 13s bv defendant. Witness then siw Mr liinnic and asked for the money due, hut was refused payment, defendant saving ho could either take on tile whole paddock or leave the lot. Witness said lie did not ‘agree to dig the whole, paddock. , To Mr Coleman: Hu was told by Air Binnie that the potatoes were wanted to catch the market. Ho did not mix up all varieties of potatoes in one sack. Montague Brnu&ton give similar eridence. Walter Wilson gave evidence as to. the engagement hv delendant of plaintiff to dig potatoes. He subsequently heard defendant say the potatoes were s<> badly sorted that they bid ruined his name. William 'Buchanan bore out plaintiff in his statement of the terms of his engagement. ,Mr Coleman said that when defendant engaged plaintiff it was on the understanding: ho was to complete tho whole of the puldoek. The potatoes dug had been improperly sorted and defendant counter-claimed for the labor employed in resorting the produce. Defendant gave evidence that he agreed to pay 2s ami Is (id for bagging potatoes, conditional that the work was pushed on with reasonable speed and the work properly done. Alfred Weston said he saw the potatoes bagged by plaintiff and in Ins opinion the sorting was badly done. John Pearce, a lad employed by defendant. said be saw the pot itoos lying in tile paddock in bags for about a week before they wero taken away. The Bench said judgment would be entered for plaintiff for the amount claimed, and awarded a set-off of £1 10s on tin l counter-claim, leaving a judgment in favor of Birkott for £2 los with costs £3 17s 6d.