DISPUTE HEARD

Hauraki Plains Gazette, Volume 54, Issue 32630, 8 October 1945, Page 5

DISPUTE HEARD

SHAREMILKER AND OWNER CLAIM AND COUNTER-CLAIM Details of a sharemilker',s dispute with the owner was heard in the Thames Magistrate’s Court on Tuesday afternoon by Mr W. H. Freeman, S.M., when K. Casey, sharemilker, of Turua, claimed money allegedly owed him by E. J. McLoughlin, owner of the farm, and McLoughlin claimed money alleged to be owing him for work which should have been done to the farm, and compensation for alleged neglect by the sharemilker. Mr E. B. Clendon appeared for the owner of the farm, and Mr P. Jensen for the sharemilker. Opening the case, Mr Jensen said there had been no written agreement between his client and McLoughlin. “McLoughlin agreed verbally to pay half the telephone costs,” said Mr Jensen, "but had not done this. He did not provide a horse to cart the milk, and Casey had to hire one. There was a horse belonging to McLoughlin, but it was lame. McLoughlin had obtained another horse, but it had refused to work. Casey had to rebuild the stockyard and for this he claimed wages. When there was no horse to cart the milk, Casey had been able to get a man named Fox to cart for a week, and for his work plaintiff paid him £l.” Giving evidence, Casey said that the horse McLoughlin had obtained had refused to work, and in fact would not pull five posts on a sledge. The yard fence was in a fallen-down state until he had renewed it.

“Some months ago I learned the horse was lame,” said the defendant, "and I gave £1 to Casey to pay Fox for the cartage of the milk. As for the other horse not being able to pull five posts, he would pull anything.”

Casey did not put the posts in for tdie stockyard, he continued. The reason the cattle were able to get out of the stockyard was because Casey had a dog that used to swing on the cows’ tails and frighten them.

Mr Jensen, to McLoughlin: Do you know every horse that you own? McLoughlin: Yes.

Mr Freeman gave judgment for £45 2/8 against McLoughlin.

Mr Clendon, in outlining the coun-ter-claim. .said that Casey had failed’ to clean the drains and clear the rushes, neglected to look after the fences, a bull had gone astray, and, on the whole, the farm was in a shocking state. McLoughlin said he had spoken to Casey on a number of occasions about the drains.

Giving evidence, Casey said he had cleaned SO chains of drains.

Mr Freeman gave judgment, for £l7/17/5 agilinst the shafemilker.