Cuta-sax v. J, Smarr, estimate the cost of repairs at $85. 1 was standing off on the starboard tack from the south shore, in about one fathom water about 50 yards from the shore. His boat was coming from the north. Thad gone about—he was following me on the port tack. T could do nothing to avoid the collision Had I kept the boat away, I would have gone ashore. Had luffed her up, I couldn't have cleared him. He ought to have gone about. My boat was standing off the lee-shore. He was coming from the weather-shore. I was on deck and so was my lowdah. We hailed him three different times. We saw only one man on deck—the sampan man of defendant's sampan, Defendant was not on deck, nor was his Jowdah. We hailed him to go about, as I couldn't do it. No notice was taken. He was about 200 yards off when I hailed him first, When I hailed him the last time the boat was about 40 yards off. He came on deck after the collision, and said 1 was not to come alongside him again in that. wa By Derexpant—It was the stern of your boat that struck me. I dont know if any dama; was done to your boat, My bulwark wasn't broken. The wind was about S. We were not near the mid channel. I saw no ship—we were near the shore.
Courr—My sails were full when* the collision occurred.
98,296 cash, value of eggs run over and destroyed by defendant's carriage.
Rowent Maxsrretp, sworn, stated—I am the agent for Dr. Barton, and I remember the Defendant admitted his liability to theexcircumstance attending' this collision. At tent of the property that might be prov d 7.55 Iwas in bed. T heard my men sing out. to have been destroyed, subject to the ques-Tasked what was the matter. They said it tion of whether under the condition of the was Maclean's boat. As I got my head out Bet metd to blame.
Inca where the eggs were, defendant should of the companion, his boat struck me on the starboard bow before the chain-plates. I asked Omtxa-saN, cautioned, stated—I am pro-him what he was doing there, and told him prietor of a vegetable shop on the Yang not to come alongside in that manner. He ing-pang creek (French side). I was en-answered, "T couldn't put about; I am all gaged on the 11th Sustant removing oxys right, T am on the starboard tack." My from a boat in the creek into my shop. They ibboom cap came away—stanchions and top-were in baskets, anda carriage passed with but n mafoo or'nny one in ite It went over Tal, one ar two planks, waterway and, spec deck started. His head was S. E. by E. My the eggs, They were in baskets at the shop boat's head was S. when the boats came into door, "There were 12 baskets. It smashed collision. When his boat fell off, it fell off in all ey were all in line, baskets "on the top i about E. or E. 3
were on the edge of thie road, and defendant's a foreign rigged fore and aft The plaintiff's boat is a Ningpo built craft,
wore 4,787 eggs broken. I counted them schooner. The former lies at Woosung at myself with other 3 men, We took an hour present, and the latter is benched at Pooto do it. They cost cash each. I sell wholesale and retail. 1 sell at the rate of tung. "His Worship ordered the plaintiff! to bring up his boat, and adjourned the hearing 8,200 cash for 1,000 eggs. When sell two, till Monday in order to enable him to examine charge 17 cash for them.
By defendant—A basket contains over 600 the boats himself in the meantime.
"By the Court—T learnt from the Polie that An-woo v. W. Haxpysipe Tarr.—$15.30, it was defendant's trap. I never applied to him for payment." We had taken 0 baskets balance of wages and money expended. Defendant denied his liability, and pleaded in that morning. that he had satisfied plaintiff's claim in full.
Joux Snare, sworn, stated—On the day in At-wore, cautioned, stated—I an a gar-question my carriage was run off with by the dener, Defendant engaged me on the 25th pony. I was not there. The mafoo reported Oct. through his compradore, to break up to me the accident to the eggs. He didn't some ground and make a garden of it. There seem to have been present at the accident, was no agreement as to price. I did do the I discovered the matter from seeing debris of work and completed it, ten days ago. Lap-eggs on the wheels, and enquired of the mafoo what it was. He said it had run plied for payment, and was told that there was something tobe done to the ditches. over a basket of eggs," After T got the sau mons, L went to the plainti's place of bu didn't do that because no more money was ness." He showed me where the eggs had given to mo. This was extra money. I bad received $10 altogether. I claim $15.30, I been, Tt was in the gutter outside the kerb-make up my claim thu: stone, The rond at that point Balfalo hire 28.50 by two traps comfortably. I pure 98 coolies at ¥ '18.80 at 56 cash the dozen, retail.
93 days my own work 6.00 Defendant was willing to pay ya $10, and Pld have paid, if plaintiff had applied to $25.30 I did do the ditches, but'I was told they were not done to satisfaction. I wouldn't do any-costs,—plaintiff having omitted to apply for Hie Worship ordered accordingly without thing more to them. I applied for the amount Payment from the defendant previous to Tnow sue for. I didn't get it. coming into Court, By defendant—TIt was not on the 4th Nov. that I was engaged. I saw the ground before 29th November.
T agreed to doit. The compradore did ask Frepuntck MAacuran v. Roseet MANSFIELD. me to do it for $20. I wont to do it on 885, damage by collision. these terms, and didn't ultimately agree to do it for $16. You gave me first $5 and then $4.
Mactzay, sworn, stated—I am the agent After getting the $4, I alone worked one day on the river for Dr. Meadows, and visit ships (without the coolies); then you got somebody on hig behalf. Tam in charge of boat for this purpose. Defendan larly else todo it. You didn't say you would give me $6 to finish it.
Dr. Barton's agent. On'the 2ist of this month, By Court—I got the $6 about 4 or 5 days about 7.30 or 8 4.36, defendant's boat ran into after I began to work—the $4 about a week me at the small beacon. I was on board on afterwards. I still eay I worked 23 days. I deck. It struck mine on the port bow, and worked for more than a week after I got the carried away the step of the mast, causing $4._ Thad coolies working too. her to leak forward. She has not' been re-H. Tarr, sworn, stated—I employed Paired—ties at Woosung in the condition she plaintiff through the compradore. I spoke to was, [have applied to the defendant to make the compradore about getting~a man on the Good the damage, He denied his liability, I Srd Nov., I think. It was certainly in this mouth. I am positive that it was after the Races." L'il swear that it was not the 26th Oot. I understood that it was all to be done for $16. I paid him $6 about 4 or 5 days after he began, and $4, or 10 days after that, Tused to go every day to the garden, The day after he got the second advance, I went down, and saw him alone at work—no coolies. told him to come to the office next day, I offered him through the compradore the $0 Balance, if he would finish the work. waited two days—ueither he nor his coolies appeared; and then got another man to finish the work who has done it to my satis. faction for the $6- I considered he was well paid for what he did.
Woxc-Keoon-r, continued, stated—I am the compradore of the British Consulate. Mr. Tapp offered the map, through me, $16. Nothing definite was fixed; he commenced work. He got $10, and then wanted more, I offered shim 36 to finish the work.
Judgment for the plaintiff $4, without costs, 2nd December.
Macurax v, R. Manserexp,—$85, damage by collision.
(Adjourned from the 29th Nov.)
His Worsuir said he had examined the Boats, and judging from the nature of the damage dove to defendant's boat, plaintiff's statement that his boat was run into by the fendant's was entirely erroneous. He then reviewed the evidence of the parties and Fearing @ Chinese witness adduced by the linted out wherein they had erred, and after
plaintiff, whose testimony he characterised as nonsense, decided in favour of the plaintiff on the ground that his boat being on the starboard tack, defendant was bound to give in and avoid the collision, assessing the damage at
Text read from the printed page and cleaned; old type leaves the occasional error.