MAGISTERIAL.

Patea Mail, Volume VIII, Issue 1028, 30 April 1883, Page 4

MAGISTERIAL.

PATEA—FRIDAY. (Before C. A. Wray, Esq., R.M._) CIVIL CASES. O’Shannassy v. Delaney. —Claim £3 10s. Mr Adams for plaintiff, Mr Hamerton for defendant. Mr Adams said that the case arose out of plaintiff letting a horse to defendant for 3 weeks for 30s a week. The plaintiff said : lam a settler at Kakaramea. I informed defendant that I would not let him have the horse for less than 30s a week. Defendant had the horse for three weeks. By the Court: The horse was a draught one. Defendant came to me to hire tlie horse. Examination continued : I told defendant I would not take less than 30s a week. Cross-examined : I did not take the horse to O’Sullivan’s hotel. I have let the horse out before. The last time I let him out, I let him for 12s or 13s a week. I am perfectly certain that defendant agreed to pay me 30s a week. I gave £l7 for the horse. Davis said; I am a carrier. I was working for Mr Miehie in January. I know defendant. . I know he was driving a horse called “Noah’s Ark,” belonging to O’Shannassy. Defendant said he had to pay 80s a week for the horse.

Cross-examined; I would not let a •horse go to reaper and binder work at tegs than £1 a week.

James Miehie.: I am living at Kakaramea with my brother. I know the defendant. I saw him about the month of January driving a reaper and binder. He had a horse that belonged to O'Shannassy. Cross-examined : Defendant told me he was paying 30s for the horse to O’Shannassy. This was the case for the plaintiff. John Delaney : I am a carrier living at Kakaramea. One night at Kakaramea I asked O’Shannassy for the hire of the horse, but he wanted 30s a week. 1 offered him 15s, but, at a subsequent conversation, he said . I could have the hire of the horse, and we would not fall out about the price. Plaintiff brought the horse to O’Sullivan’s hotel. After I got the horse plaintiff never told me he was going to charge 30s till just before he summoned me. I worked on Michie’s farm when the work was finished. Miehie offered me 10s a day for myself and 15s a week for the horses. This I did not accept, but I charged him £1 a day for myself and horses. I told Davis O’Shannassy wanted 30s a week for the horse. I have been in the habit of hiring horses for years. I hired one from Mr R. E. Mcßae for 10s for the first fortnight, and 7s a week afterwards. 30s a week is over the usual price.

Cross-examined : When I first went to O’Shannassy he said he would not lot the horse go for less than 30s. I did not agree with O’Shannassy to pay 30s a week.

R. E. Mcßae: I know the defendant. I think from 15s to £1 a week would be a fair charge for a bouse at harvest time. By the Court: Horses were scarce last harvest.

After counsel on both sides had addressed the Court, His Worship gave judgment for the amount claimed with costs, 335. Barron v. Whishaw. —Claim, £9 13s 6d. Mr Hamerton for plaintiff, Mr Barton for defendant.

John Barron, the plaintiff, said: I am a labourer, living at Woodville. In the month of January I was cutting grass seed for myself at Woodville. I claim for 1620 lbs of grass seed. After it was cut, a fire spread from Mr Whisbaw’s ground to mine and destroyed the grass seed. There had been fires burning on Mr Whishaw’s grounds for weeks and weeks before this. The seed was burned on or about the 20th January. There were no other fires on any one else’s land adjoining. The grass in the vicinity was very dry. I always thresh my own grass seed. I have spoken to Mr Whishaw since the fire occurred. He said he would have paid me if be hadn’t heard I was going to summons him. I have not received any compensation from defendant. Cross-examined : I did not instruct my solicitor to demand £2B, although that would have been a fair amount. The grass was on Mr O’Donnell’s land. I was to sell the seed in the market and get 2d alb from the sale, I was to pay for carting it into town. My 2d alb was to be clear from all expenses. The grass was burnt at night." It did not strike me to remove the grass, as I did not think the fire would come over; and also because we couldn’t move it. I have been in Woodville about 3 years.

By Mr Hamerton : Mr O’Donnell had nothing to do with the cutting of the seed. The next day I could trace the fire from Mr Whishaw’s properly. The grass seed extended over about six acres of land.

By the Court: When the grass was cut I knew there were fiies about.

William Hodge: I know Mr Barron. I remember him cutting some’ grass seed on Mr O’Donnell’s land. I saw the grass from the road. I could not tell if it was a good crop of grass seed. I saw the fire on both sides of the road, and it had burnt well into section.

Thomas Taylor: I am a carrier at Kakaramea. I remember seeing a fire at Mr Whishaw’s about last January. I have ent gross seed, but I have kept it for my own use. This was the case for the plaintiff.

Patrick O’Donnell, said ; I live at Woodville. I know Mr Barron ;he was cutting grass on my ground. Mr Barron was working about two days on the ground. I don’t think he could cut half a ton in that time.

John Henry Whishaw, the defendant, said : I remember the night when the fire crossed from my land to Mr O’Donnell’s. In conversation I told Barron that I would have paid him if he had not threatened to summons me.

Cross-examined : I lighted fires every day, but I put them out again. After a lengthy address by Counsel, judgment was given for defendant, with costs.