R.M.COURT.

Wairarapa Daily Times, Volume XIII, Issue 4288, 30 November 1892, Page 2

R.M.COURT.

CARTERTON.-TUESDAY. (Before Colonel Koborte, R.M), ' ACTION AOAINBT A BOROUGH COUNCIL. James Peters v, Herbert Waters, Claim £1 lis 7d. Judgment by default with costs, (is, JohnLapinskiv. Carterton Borough Council, Mr H. S, Izard for plaintiff, Mr Beard for defendants.

This a casein whioh the plaintiff claims the sum of £G 15s for damage sustained to himself and his horse through his stepping into a hole on the main road whereby his horse fell with him, damaging the horse's knees and spoiling it new suit of clothes which he (tho plaintiff) had put on that day. Re was in company with some others riding towards Greytown, The accident occurred on tho Ist October, between four and five o'clock in the afternoon. He estimated the damage done to his olotbes £3, and damago done to his horse £8 10s. Tho horse has not bcon fit for use since.

To Mr Beard: I believe lam about 22 years of age. I havobconin the Colony about 16 years, I will not swear that I am 21 years of age, I might bo more or less, I only know what ray mother tolls me. I was going at an easy canter. I was not travelling at the rate of eight miles an hour. I did not notice any hole in the road when I was coming up from Greytown. It had been raining heaviiy, there was a depression in the road where it had been recently repaired. The horse sank in up to his knees. I don't know whether I fell over the liovsc'b head or by its side. I believe I foil off the right hand side. I reckon the horse is worth £5, he might be all right in a few months.

Frank Lapinski, brother of the plaintiff, corroborated the statement of the plaintiff, In cross-examination by Mr Beard, this witness stated that the coat was not damaged, His horse went into the hole, but did not fall,

Henry Lapinski, Frank Surngai, Peter Sokoski, and John Holland gave evidence for plaintiff, ■'W. H, Partridge, roadman to the Carterton Borough Council, deposed that ho had finished repairing the road, whero the accident occurred, on the 30th September, the day betore the accident happened. The hole was about half a chain wide, It wag a break in tbe drain and was first covered with totara slabs, and then covered with metal about fifteen inches thiok. At the time tho accident occurred, there had been a quantity of rain, consequently the ground was soft, To Mr Beard: I commenced re/ pairing on the 29th of September and finished on the 30th, and left it in a safe stale. If the plaintiff had taken proper precautions he might have prevented any accident. I consider that accident happened through the pace plaintiff was riding, He, and his companions, were going at a smart pace, Assuming that they were going to Mastorton they would kvodono it considerably under; the .hour at tho pace they were goiug.

To Mr Izard: I could not Bay what pace they were riding when the accident happened.

P.Sun)Bai,fr|.oaiy i ; 'stated': Ido ..\j not know horo'rj the plaintiff is. I .-' have imex told ynyone that he was only nineteen yea'is of age, Frank L-.pmski,\l S o re-railed, cor- . I roborated the evidence of the previous ' witness, \ ..*'..' The plaintiff was ion-suited with ' costs, 21s, DISPUTED REST, C. H. Giles v Geo. Osborne. M Acbeeon for plaintiff. Mr Middlettm for defendant, This was. a case in which the plaintiff claimed £7O 7s for board and rent of stables in connection with the White Hart Hotel, Carterton. The plaintiffs evidence was taken at the lust sitting of the Court. Geo. Osborne, on oath, deposed: I 'occupied the stables during the,' time the plaintiff was proprietor -of' the White Hart Hotel, and the arrange- y meat made between us was that I was to occupy the stables and have my : board at the' hotel in consideration that the plaintiff or his wife and family were to have the use of a horso and buggy when they wanted it, The plaintiff never made any demand for rent' during the time ho kept the hotel, I never asked the plaintiff for any monies to buy horses with.

To Mr Aclieson: I could not say how much 1 have lent the plaintiff, I never paid the plaintiff any monoy while he was in possession of the hotel, I cannot remember wheMer I have paid any money to the plJp6i£t" afnoo December, 1891, I wasMh occupation of the stables before thoplaintiff had possession of the hotel. *- Soon after he got possession of the hotel we had a fall-out, and I left the stables, but on the persuasion of John Buckeridge, I went back again. I did not want to go back, and would rather have taken the stables at the Taratahi Hotol.' I swear that the evidence of the plaintiff and his wife is false in stating that I agreed to pay 10s per week, In December, 1891, I got a cheque from plaintiff for £BO ■ in part payment for £35 which ho owed me. I never borrowed any money from plaintiff. I have had possession of the stables during the tenancy ot six landlords, and have never been asked for payment for rent .. from' any of them/ until I recoived the summons in the. present case, John Prosser, lato proprietor of the White Hart Hotel, deposed that when he took possession of the hotel from Mr Giles, he (Giles) told him that Osborne had the stables, and m board free of coat, in considerationthat be and his family had the use of ii 6addlo horse or'buggy when they wanted one, and asked him if he was willing to continue on the same terms. After.he had been there somo three weeks he considered that Giles had a very good bargain,. for the stables, did not fetch 5s a week •

JohtL Buckeridge on oath deposed: Whon Osborne was turned out. of the stables by Giles, Osborno requested me to intercede for him with Giles with the view of gettiug possession of the stables again. I interviewed Giles and got Osborne back to the stables, i I don't know anything about the terms between them.

' O.H.Gib, recalled, slated that he told Frosser that Osborne was a very handy man about the place, and hintod that it would be worth his while not to charge him any thing for the stables, but did not tell him that he had not made any oharge. The plaintiff was nonsuited with' costs (is, witnesses Bs, and solicit* feeCSs, T

A WAGES DIBPUTE. Owen Cadwallnder v Wm • Cadwallader. Mr Beard for plaintiff, Mr Aclieson for defendant. Claim, £52 10s lid,

The plaintiff deposod :, The claim is made up from a statement of ,ac; ■ counts received from the clerk of the defendant. I also have a correct copy which I have kept myself. Lastlriday the defendant offered to pay me 6s a day for each day I worked which, would amount to LBB. I refused to take it. The defendant offered to givo inc 7a Gel a day if I would stop and drive the bullooks hb he was about to erect a saw mill, 1 was about to go away to Australia with my brother Henry at the time. I stopped and assisted to erect the sawmill for which I charged 6s a day. Fred Peyton deposed that he was. originally book-keeper to the defendant, and used to keep the man's time. The statement of accounts produced was taken from the account book 31 the defendant. He was present wmrPtho defendant agreed to give the plaintiff 7s a day to drive the horses, and the man who took tho plaintiffs place was to drive the bullocks ut 8s a day. Henry Cadwallader deposed that tho defendant told the plaintiff (in the presonce of witness) that if he would stop and drive bullocks for him ho would givo him 7s Gd a day. John J. Cadwallader gave similar ovidonco to tho former witnesses.

George Bean also gavo similar evidence respecting the case. After hearing tho evidence of tho defondant, judgment was given for plaintiff for £SO 8s Bd, Court costs, 475, solicitor's fee, CBs, and ono witness 12s.