A WAIAU PA CASE.

Pukekohe & Waiuku Times, Volume 3, Issue 205, 19 June 1914, Page 3

A WAIAU PA CASE.

Farmer's Claim Disallowed.

An Appeal Dismissed.

In the Supreme Court, Auckland, on Wednesday, an appeal case was brought before His Honor Mr Justice Cooper. Joseph Clarke, farmer, of Waiau Pa (Mr J. G. Maddow), appealed against the decision of the lower Court in non-suiting him in an action for damages against E. P. Millan, farmer, also of Waiau Pa (Mr W. P. Endean). The case arose out of the removal of some calves. The plaintiff, according to the facts of the case, employed the defendant to milk cows, an agreement being made with regard to the sharing of the calves, or their value, reared during the milking season. Plaintiff claimed that be was to have half the value of the calves, while the defendant, on the other hand, urged that the division waß to be in actual stock. The claim for damages made by plaintiff because the defendant had removed the :aivcs was dismissed. The magistrate held that there was a direct conflict of evidence, and that the plaintiff had not sustained a claim for damages, especially in view of the fact that Millan had offered to exchange the 16 calves be bad taken (or the 17 left. His Hbnor upheld the decision of the lower Court, and disallowed the appeal, with costs £5 ss.