SHARE-MILKING CASE.

Taranaki Daily News, Volume LIV, Issue 143, 13 December 1911, Page 7

SHARE-MILKING CASE.

INVESTIGATED IN THE MAGISTRATE'S COURT. A share-milking and wages claim, arising out of about Ave weeks' work, :acupied the time of the sourt all yesterday morning. Wm. John Menary, for whom Mr. D. Hutchen appeared, claimed £lB 10s 6d from Wm. Ellerm, farmer, Avenue road, who was represented by 'Mr. Geo. Grey. The claim was made up as follows: Three weeks and one day's wages at £2 10s, £7 17s Id; 71 hours' wages, £3 lis; valus of butter-fat, ,£2 12s od; calves, £3; half wages of employee, £l. Plaintiff admitted £'B 10s 2d, viz., wages £4, contract £l, butter-fat £3 3s 2d, calves 7s. He also counter-claimed for £9 Cs 9d, viz., cash and goods £8 9s 3d, rent 10s, hire of gig 7s 6d. Plaintiff, in evidence, said that he went into Mr. Ellerm's employ on July 2>4. He was to receive 40 per cent, of the proceeds from the milk, half the calves, anil half the pigs. He was also to receive Is per hour for work done on the farm between milkings for the season lasting nine months. He was to start milking on August 1. He continued milking for a few days, but on August 4 the contract was broken. On August 5 witness said that he would continue working at £2 10s per week. Defendant, however, offered him £2 5s for the fortnight. Plaintiff arranged with him to go on for the third week. On August I*2 they reverted back to the share-milking, when he and defendant between them employed Sellars at £2 per week, each to pay half. Sellars was to help witness with the milking and assist defendant on the farm. On September 9 the contract terminated. He worked 71% hours at Is per hour. There were eight calves, and he valued his four at 15s each. He admitted owing 13s lOd for butter, not 18s 7d. He con» sidered that the house rent was free while he was working. The gig was to take his wife into town one night. Defendant, however, cut this out of the counter-claim. In cross-examination, plaintiff denied that he was given work on the farm by contract. He was working for Is per hour. Evidence was given by Fred Sellars and John. Hale. The defendant, Wm. Ellerm, gave evidence that he arranged with plaintiff to come and milk on shares, viz., 40 per cent, of milk produced, half calves and pigs. Plaintiff was to put in half the crops for the cows. The contract was to start on August 1. Plaintiff, however, came on July 24, and asked if witness could give him some work until he was ready to start. Witness agreed to pay 6s per day. Early in August plaintiff said lie could not take the cows over until his brother arrived. Witness accordingly allowed £4 for the work done. On August 12 plaintiff's brother had not arrived, so witness got the lad Sellars to work for a week at £2, and in order to assist him witness let him a contract clearing about three-quarters of an acre of ground for £2 10s. He did very little work on this, which witness estimated at £l. There were only four calves during the time plaintiff had charge. Two of these were a fortnight old and two three days old when plaintiff left, and witness considered they were worth the price of their skins, viz., 3s fid each. Mrs. Ellerm. gave corroborative evidence rc the clearing contract, after which the magistrate gave judgment for plaintiff for £8 10s 2d, the items admitted by the defendant, and also gave judgment for defendant for £S 14s Gil, the amount of the counter-claim, less gig hire 7s fid and butter overcharge 3a fid. This means that plaintiff pays defendant 4s 4d. Each party pays its own costs.