A CARTING CASE.

Gisborne Times, Volume XXVI, Issue 2277, 24 August 1908, Page 2

A CARTING CASE.

CLAIM AND COUNTER-CLAIM. JUDGMENT DELIVERED. At the Magistrate’s Court on Saturday afternoon the S.M. {Mr W. A. Barton) delivered judgment in the ease of Edwards v. Hausen, a claim for carting, and also on the counterclaim filed by defendant: His Worship was of the opinion plaintiff was entitled to" be paid tor a full load from Gisborne to Poututu. It was admitted that tho ordinary time for travelling from Gisborne to Poututu was three days, and that £2 per diem was a proper charge. On arrival at Poututu plaintiff deemed it necessary to take off part of the load, being too much to carry in one load from Poututu to Motu, and he had to return to Poututu for the balance of the load, which occupied two days. His Worship therefore allowed £lO for cartage, instead of .£ls, as and gave judgment for the amount claimed less £5, with costs £1 11s. On the coun-ter-claim, his Worship said he was satisfied that plaintiff was instructed by defendant and his brother not to take a greater load from Gisborne than he could convey to Motu without unloading on the road, which he undertook to do, but when he got to Poututu he divided his -load. The damage complained of wa6, in hie Worship's opinion, caused through the furniture being unloaded at Poututu, and he thought a fair estimate of he damage’ was £6. Tho second item was a claim for £3 Os 6d paid to Otto Hansen for loss of time, which plaintiff on counter-claim contended was caused through delay in taking the furniture to Motu. His Worship did not think plaintiff was entitled to succeed upon this item, as in his opinion there was no necessity for Mr Hansen to have left Gisborne, for Motu till he had ascertained that the furniture had reached there. Other items were admitted. Judgment would be for plaintiff Hansen for £8 7s 6d, with costs £5 Is 6d.