FARMER AND MANAGER

Taranaki Daily News, 1 February 1933, Page 8

FARMER AND MANAGER

CLAIM AND COUNTER-CLAIM. GRAZING FEES IN DISPUTE. At the Magistrate’s Court at Eltham yesterday John Cocker (Mr. L. A. Taylor) claimed from W. G. Robinson (Mr. B. Malone) the sum of £3B 12s. Bd., damages under the following heads: (1) That defendant removed from plaintiff s farm at Omona parts of a hot water system, causing damage of £10; (2) that defendant by his negligence as a servant caused the loss of two calves valued at £4; (3) that defendant neglected the calving of a cow, resulting in milk fever which caused a loss of £5; (4) that defendant occupied plaintiff’s house for two weeks, thus incurring liabilities assessed at £2; (5) that defendant grazed on the property 20 sheep for eight weeks, the agistment being worth 6s. Ba.; (G) that defendant grazed a bull on the farm for one year, the agistment being worth £1 65.; (7) that defendant also grazed for six years one unbroken horse, this agistment being worth £6; (8) that defendant grazed 15 head of cattle for three months, the grazing being worth £9. . , Defendant entered a counter-claim for £3O 4s. 3d. This was based on (1) an arrangement whereby defendant installed in plaintiff’s house, apparatus and a bath for the completion of a hot water system, on the express agreement that plaintiff would pay defendant the cost incurred, £lO 4s. 3d.; (2) that in the 192728 season plaintiff had the use of defendant’s bull for running with a number of plaintiff’s cows, such service being worth £10; (3) that in 1927-28 plaintiff had the use of defendant’s bull for running with a number of plaintiff’s heifers, such service being worth £lO. John Cocker, farmer, said he owned a farm of 1796 acres at Omona, defendant being his farm manager from 1918 onwards. The latter was entitled to run one cow and one horse and kill mutton for house purposes. Plainti: said his eyesight, was defective and he was unable to distinguish sheep unless he was quite close to them. In 1921 a change took place and defendant was given the right to use 15 acres around the house. Plaintiff had seen where the. water pipes had been removed and it would cost up to £7 10s. to have the work put right. He dismissed defendant an 1 the latter raised the question of staying on in the house. Plaintiff said that if defendant left the hot water service he could stay in the house until the end of the month. He also said that if he removed the pipes he would take proceedings against him. Plaintiff sometimes did not visit the farm for two or three months as he relied on defendant to carry out his work of looking after the stock and the fences. Defendant owned land about three-quar-ters of a mile across the road, but, he had no house on it. On September 29 plaintiff said that cattle would be brought up from Rawhitiroa, certain cattle having to go in certain paddocks. In October he went out to the place and found that a calf had fallen off the bank and was killed. He challenged defendant as to why the cow and the two calves had not been'put in a place that was fenced in. He valued the calf at £2. There was also a claim for another calf that was lost which he had instructed should have been put into a certain paddock. The foster-mother was found in another paddock which was more dangerous for cattle and was not the place where it ought to have gone. This calf was also valued at £2. Defendant was both negligent and disobedient in carrying out plaintiff’s instructions. He estimated a loss of £5 on a cow owing to the neglect of defendant at calving. Grazing at the rate of 2d. per week for 20 sheep was also claimed for eight weeks. In 1928 defendant became sick. He had a bull grazing with the cows on the 15 acres. It ran on the open farm and defendant thought he had lost it. In 1929 plaintiff found the bull. He never had any arrangement with defendant for the use of the bull, nor had he any progeny of this bull. The grazing for this bull was valued at £1 6s. There was no arrangement for the grazing of a young unbroken horse by defendant, and he claimed £1 a year for this. For at least three months defendant also grazed several young heifers for which plaintiff claimed £9 as grazing fees. When defendant left the farm he pulled down a fence five chains long around the garden. 1 Plaintiff had to re-erect it, and he claimed £4 Ils. for this.

To Mr. Malone plaintiff said he would accept the piping if it were put back in a workmanlike manner. With regard to the counter-claim the defence was that it was statute barred. He had found defendant a fair workman. He would not have kept him for 14 years if he had not been. At this stage the hearing was adjourned. RADNOR ROAD NEWS. PERSONAL AND GENERAL ITEMS. Mrs. Kaspar is visiting her mother, Mrs. Steckle, New Plymouth. Miss Monica Askew has been visiting her cousin, Miss Thelma Askew, Cardiff. Miss Loma Goble, Cardiff, is spending her holidays with her sister, Mrs. H. Gadsby. Miss Dulcie Kaspar has been visiting New Plymouth. Mr. R. Eagar, Tariki, and Mr. C. Askew, Cardiff, are the guests of Mrs. A. R. Askew. \ Mrs. Jack Vickers has arrived home. Most of the cropping and harvesting is now done. The recent rain has brought the grass well away in the newly-mown pastures, and fresh green fields are in evidence everywhere. Ragwort has flowered early this season and most farmers are busy either spraying or cutting the weed. Mushrooms have made an early debut this year, many residents having been able to gather enough for a meal. Mr. Mapp, who was on the top of the men’s ladder in the tennis club, has forfeited to Mr. C. Kelly. After a closely contested match Mrs. J. B. Hunt defeated Miss B. Hunt 6—5, gaining first place on the ladies’ ladder. Matches played this last week were: Mrs. Watts (challenger) lost to Miss I. Vickers 4—6; Mr. P. Anderson (challenger) beat Mr. W. Rookes 6—l. PERSONAL ITEMS. Mr. W. J. Polson, M.P., left Stratford yesterday morning for Wellington. Mr. and Mrs. John Petrie senr. left Stratford yesterday for the South Island, where they will spend six weeks.