S.M. COURT.

Taranaki Daily News, Volume XXXXII, Issue 207, 11 October 1900, Page 1

S.M. COURT.

! Mohdat, IliftliH lb Stanford,S.M. . . V ! ■ rnwun *■ nmtvt '''tgH 1 C y. Q.i.BiwqwiAiffl 1 £ l L** " 4 mm Hlsm QaUUaa lor fltahMff; f, ««OMw9 0 B BowSTShi JlMtlTlH and ojjtj £6 4«, Mr. Qeifliaat M •trncted by Mr. Bnul) for iiMaifiml * Kol * hk *• J AliB £1 10-, and oom> 5 , Mr. for pUint ff; F p. Ookill M. Petrif, otaim £4 Ulld, aad «3| £1 li M, Mr. Qaffllao for t>tainti£?ll jooaum iranon, JM Jaeob and O'Brien v. Ebb*. JMfigH nwt £lO Hi 6d. Attar heaiClfflß jadgmeat debtor Hit Ttiiilil|iß|M|l m order for payment of the imiiailffl forthwith, or, to dataaU, one aoiiMpfli impritonment. 'wH ■■ nmrnuxun. im •W. Harkneit v. Mra. Jennine. fltiß vm a olatm for trace eaaaUed liilW work done, Mr. °-|ki fnr nlalojf jl] and Mr. Roy for defodaat, J Plaintiff gave etdtact ee to !«■ vork done ' DmU giving •'|mms3 teeaatopinaiineignla. TTiilibliJ j|| •boot 25 maorooarpa which hee&amiln fcr, lut did not charge for 70 fhilrffl intignia he replaced. ;]9 To Mr. Boy: Defendant omr t'oned bit doing the work by He wee to be paid 8« a day. Till Mi l helped planting <ht treat end in ampn log the eowe, bit did Ml aBkS f| po anre. torn* tiara the boy •wajfabo t agaadfchl*. 'J W. Harkaeitt |ar H alebtiffa m§ M , »» ovideaoa lo comitate till father. :'|| 0. Botlton, jr., hiwm ptifl avidweeu to the vnloe e< the ehriir§i •applied alee j»t>tUj ewtom witb reepert to oarta* Mia delivery oatdde the town. *9 To Mr. Boy t Ootid sot eey whether '1 the aneraeana thai were broken weit'l (rowing mil To gtaraatee micro .-'a earpa would be worth Si a tree, VrnM wore good Ibrte year old ticea, ' t/ Mr. Roy lor the defenoe eald ifa* ifl thfi eata wee that (he plaintiff nrib**i rcr brd bit wtrk till I. and itftal w 4." Hit work waa more t enpri fm handy meaabott tike fern wbfcwa# .i| worth the ainai rata el A per deft' A He contended ibat the brefel# nt | pinne and auerooarpa were gwm» . % teed. Aa to eat ling, il waa the hoavt tbinge that had \Z mi art IfS! pw»t the tma'ltr gooda vara taken by 'f plaintiff. Vjj F. J. Brabant, bnllder, Walton, 1 ■aid he waa employed at Mn. Jenniaa •' ia Jaae and Jnly, ploMff waovwfc. J ing there aad lewdly arrived bafctt/i witaee*. On oae or two oeoaaioaa |l pUimiS arrived lArr wltaaia. Baf "m (daintira boy worfciag two or thm *1 daye with the plalntiß. J| eaw the boy on the vannddb. Ik Xboy ippeared to be taking life rtn 1 euy. Ha eontidered plaintif tett 1 work about 4 Won'd M ntf aoHf 3 o pay the boy 2i a week. ■■l WitneH waa «o»exainlned. \|2 Maitlaod Jennin% ddoft eon at da> 'M fendant, uid th«t plaletUb baf teemed to be doing little or eothiaf , for hb ftther- he To'netearad to | frsnUking. Tba father ao*«r noali tv hoy idHag. Oa A«|M| 'if 2Ut, plaattag eaM J whioh he eontMMid la aep|ly ail 1 plant at lOe ptri«ttdred->«h|.hfll helped him that day. vlabili M<| a good deal of Haw lillgg 11 thof carpenter. Witaeatdid aol him on that point aa Im «MtWN|i| plaintiff waa workiag by otiatreat. To Mr. Hoghaai & M« «fl[ , 111 for eoma waaka aad that waa wh«*i voang Harknett halpri. Tla ingehed waa abort a flatter «ta«la J§ .away. He ootid aaa what fhMMaf arrired, whioh waa geaeral!y abaci ft, 1 o'clook. - ? | Oco. Wdah, farmer, aaw pbiatUal || work at deftadanta. Hataadla gH ' J there from 8.30 to • aad Iwm Am ;i 4. Tha only ha aaw tha baf adaya work waa oa Slit Ama!. Ili waa gananlly aboil vkh mm bm .f Weawallaglhal | 10 aoraa oflaal (mtMn. SmtktkM oocaiioaally worked for bar, 1 V. i. Brabant reeallad by Mr. Bay taid that plaintiff bad etatai ha andor a gnaraatee for tha tbat plaintiff had adsitttd la ■ation that be wothl ban to raglanl the treee tbat died. s To Mr, Hagbeat HarkaaM Mnl;i add " at hie own espenat.* , fl Hii Honoar at thie ataga had pretty well mido no Ida Bind IH the otieexoepti aa to tha «die ot |h tree*. • lM • w, B. called by Mr. f ald ho ih>w aoont 200 pinee at Jaanin't, The eurkit ntoa WIIM 10«6d pef 100. The anotvaarpa waM'%l uf the average valpa of Qi, bat with Bi woald be a fair prieti | i. aiiver treat be va'ntd at le eaahbj The (ißbd'rd w old baa raaaoaallll 161 p«> *qp>y<»( and p'aoting plnaKs prioefortL H*d aef*«*v| o*i ting tt.e Ml Pl'yed the hoy. Xh*,?® not beon at work 4 v aUOWid M d»y« olaimed, bat bau ,]M dayi. t MflH To Mr. Hnghaai Harknei aiked ber to keep aoooant of the h e " 00 ' d h * Ta dona to had ifc ji thonght there wae any oeoeafaß. 1 Worahip; ihe arMnmaMata "1 WM ~ nf "®d evidently MwTTeaSl! A I

To Mr. Hughes: Daring the latter part of the work plaintifi waa " loaf- ■ ing," She did noli complain as she 1 considered the work was being done i by the jab. She was willing to pay at ' the rate of Is per honr, The trees Harknett brought in his oart were < remembered July 17 particularly as I she came to town then. Mrs. Jennins: The defendant said ' she employed Harknett bnt made no contract it being understood he was to have 8s per day, Plaintifi did not arrange definitely what the price of trees was to be, he verbally guaranteed t) replace all trees planted ronnd the house that died. His time of con ing to work varied from 8:30 to 9.30, Six hoars a day would be about the time he worked. At the end of July he said he h»d been wotking 35 days. The was never any understanding abont his boy. Witness considered the boy had outgrown his strength and i was there more for a change, She would rather the boy had not been there, Meant to have made him a 1 present for assisting to milk during her sons pinas would not cause inconvenience. To Mr, Hughes: Had not allowed for difierence in priceß since he went out of business. Oswald Jennins said plaintifi on 17th-July was not at work, he could fix the date, The boy Harknett offered to milk a few cows. He also Rave evidence as to the lime of plaintiff coming and going. To Mr. Hughes: Did not look at the clock but knew it was abont 4 when plaintiff left, Mabel Millß, employed by defendant said that once plaintifi arrived at

9 30, on other days aboot n quarter to 9. On two dates she remumbered plaintiff was not at work. To Mr. Hughes: Plaintiff did not on one occasion tell her the clock was an hoar fast. TheslWer trees brought were larger than he said would grow and some of them had died. Mr. Hnghes summed np for the plaintiff. His Worship considered the plaintiffs claims ib a whole was fair. As to the boy he thought 6a a week wonld be sufficient, With regard to the plaintiff j charge of 8i per day. A man charging that .sum should give eVery minute if his time to his employers. He would therefore dedncb 3a per day from the wages of tie father and son for the whole of the time. The judgment wonld therefore be £ls 12a 4i, with cssts £4.