Road Metal Case.

Te Aroha News, Volume XXII, Issue 42753, 27 July 1905, Page 3

Road Metal Case.

At the SAL' Coart on Tuesday last, before R. S. Bush, Esq., the Te Aroha Borough Council sued J. Grant for the sum of £9 18s, money paid for metal broken. Mr Gilchrist appeared for the Borough, defendant conducted bis own case. —Mr Gilchrist in opening the case, said the defendant was employed by the Borovgli Council to brink nv tal at. 4s per yard, the understanding being that the metal was *o be ;eft in an accessible position, where a c ft; c >uld get at it. Defen dant bn k>- the s ones on Mr Gavin’s property. Ho (Grant) assured the tow a clink in the presence of the borough forem n, th it In* had obtained pei mission from Mr Gavin to break the met D f aidant was paid £9 18s for the metal. Mr Gavin refused tc let the metal go unless lie was paid Is per yard royalty. The Council had no alternative but to sue for payment of the money paid,—The S.M: the atnounc royalty alone should have b ‘en sued for. The defendant said he did not known Gavins property, and thought he was on a reserve, —F W Wild, Town Cierk, said he recollected making a bargain with Grant to break metal at 4s per yard, accessible for c irts to o-ot at. Ho told Grant that he (do

fendent) would have to make arrange nigiils with Mr Gavin. He paid Gnnfc the £9 18s after being assured th 11 he had arranged wiih Mr Gavin. P Dierek, Borough foreman, said he was present when the store was mea urnd. The Clerk asked Gr.mt if he had obtained permission to break the metal, and he said he had. He endeavoured to get delivery of the metal, but was preventer! from doing so by Mr Gavin, who bad locked the gate.—J. Grant, in his evidence, said that he had never been stone-breaking before. He was told by Mr Mclndoe. an ex-member of tbe Council, to go and break metal at Stoney Creek. The next day he rented a shi.nty from Mr Gavin. Afterwards he t Id the Town Clerk, who said it was immaterial where he broke the metal as long as it was left where a cart could get it. After breaking for two weeks, Mr Gavin asked him to do some draining. Ip the meantime other men arrived to break metal and Gavin told them they would have to pay Is per yard royalty. On hearing this his mate asked Gavin if he expected royalty from them and be replied ’‘No, that he could break as long as he liked.” He supposed it was on account of his (Grant’s) defective sight that he allowed him to break the metal.

—By Gilchrist: He denied that the Town Clerk asked him if he had made arrangements with Gavin. —T. Gavin, in his evidence said he rented Grant a shanty for Is a week. Grant said he was going to break metal for the Borough. He saw defendant breaking tbe metal. He told the Town Clerk that lie expected Is per yard royalty for the stones. —Defendant: Why did you not tell me that Y —Witness said lie did not recognise Grant in the matter, he looked to tbe Borough for payment. —In reply to S. M. Mr Gavin said bo was willing to let the metal go on payment of £2 9s 6d royally.—The S. M. gave judgment for the amount claimed with costs.