Plaintiff, a mafoo, sued to recover $16, wages for the month of August and to the 10th of the present month.
Defendant denied his liability to pay the amount due for the month of August, $12, on the ground of damages sustained under the following circumstances:—Some time ago, he (defendant) drove.to Hongkew on a Suuiay, and having no further use for his pony an trap that day, sent them home again b mate engaged for his service by the pi Taatead of driving straight tome a8 he vas told, the mafoo, as he (defendant) understood, went round by the pontoon bridge, and i Doing a very high tide, the bridge rose to auch ight as to make it dangerous to ascend or descend on either rhe pony was it ence thrown down, and ft, knee cit 0 badly, as to render it unfit for uso for twenty-one days, fifteen or sixteen of which
consequence obliged to travel to and from was in the stable, Defendant was business by finrkths, at a cost, of 20 canis a day, while. the pony was disabled.
jerefore considered, that, as the plaintiff had engaged the mafoo who caused the mischief hho was justified in cutting his wages for the month. He (defendant) paid Ts. 65 forth fourteen months ago, Tables "He believed he would of be silt mently, and. plainly
A foe ace than Tia, Sif for to make it appear that ne did not engage the iaintiff, who 9 jin English, wis ther mater, but only undertook to pay hia in wages.
Defendant explained that the other mafoo was an old servant of his, bat in consequence me chavge taking place with regard to tables of the firm where he was employed, intiff was engaged to look after tne toa friend of that as the other ry good servant, ho might Keep him on, but there was no ent to that effect, and he always looked 1s the intiff to take care of and be responsible for Phaintit (now examined through Heding, pony.
the Consular interpreter) said the other mafoo had been in defendant's employ for six mouths. His agreement with the defendant was for $12 per month, out of which ho was to pay rent of stable, the keep of pony, and th wages of the other mafoo, The accident dil not happen on the bridge, but on the road, through the pony going very fast, and catehing its hoof against something in consequence know wi the other mafoo was now, a8 he sudden eck on the reins, He did not bad be defendant the accident happened coming charged, and he did not tell the bridge. The defendant had used the pony after the fortnight and the pony was 10 the acci oat used the pony at the time named by tle Defendant said with reference to his pant plaintiff, the latter came and told. him it all right, and he told him to bring it {or him to look at, It was brought, and drove i short distance slowly, but sit it was atill unfit, sent it back to the star, the plaintiff saying it had better rest days longer. 7 Plaintiff, in reply to questions, admilte" that the pony was unfit for use for fifteen sixteen days, and also that he engaged other mafoo for the defendant's service, His Honour said all that th defendant could recover from the plaintiff was amount of damage he had sustained by negligence. The question was, how m Thad he caused the defendant, Defend fant said he had to hire jinrikebas at 20
Text read from the printed page and cleaned; old type leaves the occasional error.