CIVIL SITTINGS.

Southland Times, Issue 19381, 3 September 1904, Page 4

CIVIL SITTINGS.

CLAIM KOR DAMAGES. Andrew Newton (Mr Muealifiter > v. .Tohn U' (Vant Mclntyre (.Mr W. A. Stout), claim -..:>. 1.l 1 ."is of which 111 Mi! was for alleged breach of contract, and the ba'anco for work done. A counterclaim was lodged for £218 .I's. for breach of fi ntrnci. Mr Macalister said thai the plaintiff was a biishman cont ruet'or. and the defendant a sawiuiller currying on business in Orepuki. The sawmill stands near the edge of the bush, and the timber had to be felled and trolleyed tn the mill. In the business the work of felling and hauling the timber to the tramway, loading it „„ 11..- t 1., 11, ■.-.-. ;,,„l t.-<.n..vii ler it i.. tn.. sawmill was usually done by contract The plaintiff entered into a written <ontract oi this sort with the defendant in September of hist year. The pia'-'Uce m similar contracts was as follows : •- The tramway is laid from the saw-mill into the bush, and stops at a point where milling limber is available. There is then erected n loading bank, for the purpose of assisting to put the heavy logs on the trolleys. Near the bank ".'a-- a Imulibg engine with a rope several chains long, to Jn* nl the fallen logs to ihe loading bank. While the cutting and hauling i.s going on the contractor is stippos.Kl to proceed with the tramway to the nest suitable point, where u loading bank is also erected. By the time the timber nt 111'.; first loading bank is cut out the tramway to the second loading bunk is ready for use I,'nder the contract entered into between Newton and Meln'.yre, the defendant was to supply four horses to pull the trolleys. The plaintiff, before entering into the contract, naturally require an assurance that a certain amount of timber would be cut per day at the sawmill, and it. was agreed that <JOOO feel would be the minimum "'he agreement in regard to liorses read as follows : " I'oiir horses to be supplied to wi irk in bush ; any horse damaged when actually at work or in my possession to be replaced by me (New ton) " The main troublo arose over the hoses supplied by Mclntyre, the plaintiff contending that they were unfit for the work. ll was incumbent on defendant to provide liorses reasonably lit to do the heavy pulls and able to stand knocking about In order to get 400U feet per day lo the mill, plaintiff would need tu make four trips, carrying eight trolley loads, per day. The horses were unable to do this Newton coiiiUjaitied to Mclntyre repeatedly, and was repeatedly promised better horses. One better ilol'se was was secured, nnd Newton struggled on, but found thut he was totally unable to comply with the terms of the contract, with the team at his command. l'or u good part of the time one of the horses was unlit for any work ut, all : it was so bad that the police at Orepuki interfered, finally Newton gave notice that unless suitable liorses were provided he would abandon the contract, and it was abandoned. In regard to the counterclaim the plaintiil repudiated liability for damage to the hauling engine, ln shifting the engine from one loading bank to the olher something went wroil*-. Mclivtyre look charge and the damage was done while the engine was under his care liefendanl claimed __". for loss of Newton's services for a period. but it would be shown ihat Mclntrye made no objection lo Newton's absence at the lime. Kor broken trolley wheels to was claimed, ami Newton udmitled a liability of __> Bs. Evidence was given by the plaint iff that he frequently had his loading bank covered with timl.i'r. and was unable to remove the logs to the mill owing to t 111" poor ipmlity of the horses. Evidence was also g'iven b.v <;. Black and l! Shaw, and tlv Court adjourned till In am next day j