R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2768, 7 December 1887, Page 2

R.M. COURT.

MASTERTON-WEDNESDAY. (Before S. Von Siubmeii, B.M. A HORSEY MISUNDERSTANDING. Thomas Quintal Jun. v. Thomas Thompson.-Claim for horsebreakin? and wages £l6. Mr Beard for plaintiff, and Mr Bunny for defendant. Plaintiff s f ated that he arrived in Mas.terton from Woodville in September, when defendant promised to pet him employment to lead an entire horse Failing this defendant gave him some horses to break in, work" ho perlqrmeci satisfactorily, Up worKert for seven weeks for the defendant tor which he obarged £2 a week, He was training two horses during this time, and defendant promised to pay the usual wages for training. In cross-examination, witness said lie only looked after his own horse " Steelbone" for one clay when his father was ill, He did not consider that Broadbent, J. Thompson, or defendant's son, knew anything about training horses, Since the adjournment of the case, defendant promised to pay the wages due, saying that he would have paid it long before if he had had any luck. At the Hutt Races defendant requested plaintiff and his father to settle the case, when his father told defendant that he was always willing to carry out any agreement he entered upon. By the Court: Was at work from between threo and four in. the morning till past nine o'clock at niVht, looking after the horses, He usually took his orders from the defendant.

Thomas Quinlivansen. stated that when liis son (plaintiff) came from Woodville in September last, the defendant recommended him to several people for employment. As he was unsuccessful, the defendant gavo the plaintiff' cinploymont breaking jn some Jjorses. Had never heard defendant promise plaintiff any wages, but heard him tell him to be sure to ask for any money that ho should require, as he know he was a married man, and might want some occasionally. There was no arrangement between the plaintiff and defendant as to the former receiviug half the winnings of the horses he brojee jn,

Thomas Thompson, the defendant, deposed that when plaintift'first arrived in Masterton, he used to go to the Empire Stables, and assist his father with his (plaintiff's) two racehorses "Steelbone" and "Lazy;" After knocking about in that way for two weeks, plaintiffs father asked witness if ho could find him anything to do. Witness (wrote to Mr George Watson to get him a billet, but was unsuccessful, and subsequently offered to give him a hay filly to break in for £l, which ho accepted. Witness also gavo him a roan mare to train for the Fcatherston races, on condition that they were to divide the winnings, witness promising to find feed and stabling, piajritiff only doing the work necessary. This mare doyeloped a leg, and had t.q 1)0 turned out. The mare plaintiff s,ajd 1)0 trained was tajcen puj; pf the s.tables in "the morning, left in his (plaintiffs) yard all day, and received no cither training. Witness, had never, engaged piainfiff, nor asked hji)| to. c|o any work about his place. Had never promised plaintiff his wages to settle the case, iio,r at any time asked him to come to ]|im fpr money when he required any. fry Mr freard; Had tp tajce a co)t away from plaintiff because j}fi nearly b'pqkp its neck ju breaking jt jn. When plaintiff had .finished brewing in the hay filly, • hp asked him if l|e wanteithp money for it, Plaintiff- left; the place, nIW'WJ fafetwk, Wliorjjes away to

another stable, without Baying anything to' witness. Ho would swear that' the roan mare was lame when it was turned out. Plaintiff hung about tho stables and assisted his father with the horses' after the roan mare was turned out John Broadbent, groom, deposed that plaintiff was engaged breaking in a bay filly and working a roan mare. He did nothing else about the'place besides helping his father with "Steelbone" and "Lazy." Quitilivan sen. was ill for a thurfc time, and plaintiff did his work with the two horses. Thia concluded the case,, and His Worship reserved judgment until the case Thompson vQuinlivan had been heard. (Left sitting.) .