ASHBURTON—THURSDAY. [Before C. A. Wray Esq., R.M. and Mr D. Shea Lawlor, J. P.] BREACH OF TRAFFIC BRIDGE BY-LAWS. John Cairns was charged with taking & traction engine over the bridge within the prohibited hours, and also with not having obtained a permit; from the proper officer. He pleaded guilty, but after enquiring into the circumstances the cases were dismissed with a caution. S. Rowntree, was charged with taking a portable engine and chaff-cutting plant across the bridge during prohibited hours, and also without a permit from the proper officer. Mr Purnell appeared for the prosecution, <»nd Mr Crisp for defendant. Mr Purnell applied for an adjournment on behalf of the police, as it had been understood that the charges would be admitted. Mr Crisp objected, stating that he was prepared to show that his client was not guilty. Case dismissed, it being imdersfcood that a fresh information would be laid. John Stalker was similarly charged, and pleaded guilty. . Mr Purnell appeared for the County Council. Mr C. Braddell gave evidence in support of the charges De- J fendant was fined 20s without costs. • CIVIL CASES. . Andrew Paterson. vG. J. F. Lublow, claim £57 4s 9d for damages incurred at defendants Westerfield Mills, by breach of contract of flax-cutting agreement. Mr Wilding for plaintiff, Mr Purnell for defendant. A. Paterson, the plaintiff, i said he had agreed with Mr Lublow to j cut, bundle, and load up about 1000 tons flax from the Westerneld station. The work began on 2nd April with four' men and they cut for a few days and then Lublow stopped them working. No other flax was cut until the end of the month, when a few tons more were cut. Lublow refused to pay for the flax that was cut to end of April, and the men were ordered by him not to cut any more, until a settlement was made. The profit on the whole contract would be over Is per ton, as it'cqst about 3s per ton to do the work. A set off of £8 5s 9d was correct. The witness was cross-examined by Mr Purnell at some length, to show that the contract had not been broken by his client. R. Brimmer gave evidence that although Paterson broke his arm on 18th April, the men were quite prepared to cut the flax for the mill, if it had been wanted—the reason they stopped at last was because Paterson said he could not get any money from Lublow to pay for the work thafc had been done, -r There was a" dispute about the weight of the flax, and witness found the scales would not work properly. There would.be from 1000 to 1200 tons good flax on the Westerfield esttito, in Paterson's contract. Edward Bax, another cutter, gave
j evidence, stating that the cutting was, stopped because the mill broke down, anil Lublow would not allow any more to be cut to spoil. Pye, another employee, gave evidence. Alex. Rugg deposed that he was present' when Paterson asked Lublow to settle up on Ist May, and Lublow refused to pay for more than 12 tons. A. Paterson, recalled, produced paper with weights of flax taken on 2nd May. Mr Purnell addressed the Court and asked for a non-suit. His Worship reserved the non-suit | point until the whole case had been heard, > and thought the case was one that might I have been amicably arranged between the \ parties, i Mr PurneU, for the defence, called G. F. Lublow, George Watts, and, Wm. Broomfield, who gave lengthy evidence as to the weighing of the flax, and the amount of green blade required to make a ton of dressed fibre. After counsel had addressed the Bench at some length, Mr Wilding claiming both for the amount claimed for flax cut and for that for damages sustained by breach of contract, His Worship said the evidence as to damages Avas very conflicting, and he would have to find against plaintiff on that count. The quantity of flax cut, too, did not seem to be established, and he was not prepared to find in plaintiffs favor on that count either. Mr Wilding elected to take a non-suit on the whole case. Costs were allowed defendant. The Court then rose.
Permanent link to this item
MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2436, 22 May 1890
MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 2436, 22 May 1890
Using This Item
See our copyright guide for information on how you may use this title.