Mackexzin & Ca. v. J. LIH. Buatr.
Defendant, who admitted the debt, did not Glsim $87 for goods sold and delivered, appear.
His Honour gave judgment for the amount with costs, Suly 31, J. Comrrox & Ca. v. W. EH, Waxe.
Claim of $51, for damages to a trap, and Aetention and hire of the same.
DEFENDANT, who was until recently the chief officer of the ship Guacho, denied his liability, on the grounds that the damage Pas committed after the webiste had passed from his charge. On the 26th July, he having hired the trap, had just left the City Bowling Saloon, when he collided with another vehicle, The other was damaged, his very slightly, and certainly not to the extent of the claim, unless it met with farther injury afterwards.
Joux Coxrros, plaintiff, said—The trap was hired on the afternoon of the 26th of one of my employes. I know nothing of the hiring elf "I saw the trap at about 6 o'clock. The fore part of the carriage and the rovolying machinery were broken, also the shaft, the harness, and' the back-band; the spring was bent aid the splash boards damaged A foreigner and a Chinese coolie brought it home, and estimate the damages at $51.
Devevaxr, in reply to his Worship, said he considered this an over-estimate; $10 he should think was quite sufficient.
Psaisrive said defendant had expressed his willingness to settle the account, but did not want his name to be brought up; but when the estimate was made he denied liability.
His Hosovn.—Who repaired the vehicle?
PLaintirr—We did.
His Hoxow:
Puartire said the cost of repairs was $40, he chargeil $8 for loss of the use of the yehicle for 4 days, and $3 for the hire of the trap. 'The $40 comprised the following items. wis. 5 for a new shaft; $5 for' irons; $5 damage to harness; $20 for repair of turntable, &e.; $5 fixing springs; $3 pairing splashboard; $1 to the foreigner and 50 cents to the coolie who brought the pony and trap home—in all making the amount claimed. He had had several applications during the time the vehicle was being repaired for that class of trap, He did not think defendant could have got it repaired anywhere for less. the trap was builtin England, and was worth Ts. 150.
The Esproye who let the earrings out on the present occasion, said he received an unsigned chit from semic one at the City Bowling Saloon to send a carriage. This was a very usual occurrence, and he immediately sent the trap. That was about 4.30 v.x.; and at 6 o'clock the mafoo returned and_ reported that the trap had been broken, while under the charge of a foreigner, who was intoxicated. He went directly to the Saloon and made enquiries, and defendant was the gentleman pointed out to him as the one who had hired it, He admitted having met with an accident, ut told him not to mention it as he was will: ing to arrange matters quietly. Witness must not be hard on him but goat once and estimate the damages, and tell him the result. Witness said he would do so, adding that they could repair it themselves; if defendant thought any other Enropear or a Chinaman could do it cheaper, he was at liberty to engage Irim. When the estimate was made, and the repairs completed, defendant denied his liability, and said he was all along referring to the damages he had caused in calliding with the other vehicle, one belonging to Mr. Evans.
Drrespaxt, being sworn, reiterated that such was his impression. Ile was not aware that his vehicle was damaged. Ne was with another officer late of the Guacho. They had been drinking, but he (witness) was perfectly sober, and hechd not know at the time but that the other was the same. They had not gone above 50 yanls when the collision happened witness titan got out, and the vehicle drove off without him." He certainly did not think it was so materially damaged then, but believed the items in the estiniate must have been caused by an accident after the vehicle had passed out of his hands.
His Hoxovr said the only doubt that existed in his mind was with regard to the claim of $2 per day for loss of use_of the vehicle, which seemed too much. De. fendant was wrong in thinking that directly he had left it, he was not tobe responsible for anything that might occur. The hirer of vehicle was responsible for its safety up to the time he returned it into the hands of the person who lent it him. Judgment for $47 (that is, reducing the claim for detention from $8 to $4) and costs $3,
Text read from the printed page and cleaned; old type leaves the occasional error.