Quarry Measurement Challenged

COURT-HOUSE, ROTHERHAM.

Monday – Before Hy Walker, H.W.Pickard, and G.W.Chambers Esqrs and the Rev. H.Partington

HY Shaw and Thos. Wilkinson summoned Mr. Thos.Waring for a balance of 16s due to each of them for work done in Denaby quarry- Hr. J. Badger appeared {or the defendant.

The men stated that they called upon Mr. Waring at his house, and he engaged them to do some work in the quarry at a fixed sum per yard. When the work was done, Mr. Waring measured it over and they had been paid what was done according to his measurement. From the small amount which it appeared they had to receive, they began to doubt the correctness of the measurement, and accordingly waited upon Hr. Booth, of Rotherham, who had gone over with them, and, according to his measurement, they were entitled to 16s each more than they had received.

Mr. J. Badger said the men had not the slightest claim upon Hr. Waring who had let the whole of the work out to a man named Dyson. The complainants when they applied for the work were referred to Dyson, who agreed to take them as partners in the job “fare and share a1ike.” The money was every week paid to Dyson, and he had had handed over to the complainants what was due to them for their share. Hr. Waring did not, however, wish to avail himself of this objection; he was anxious that if the men had done more work than they had been paid for. That this should he proved, and he would pay the money at once. That he was willing to treat the men fairly and liberally was proved by the fact that, finding their work had been more difficult than was at first expected, he had given them a greater price than they had bargained for. In support of this the man Dyson was examined, and proved that the complainants made their bargain with him, and not with Waring.

He certainly expected that they should have had more money to draw, but as he had worked for Mr. Waring many years and always found his measurement correct, he did not doubt it on this occasion. The only parties who were dissatisfied with the measurement were Shaw and Wilkinson Mr. Waring produced his book containing his measurement of the work, from which it appeared that the men ha been paid for all they had done. As, however, the discrepancy between his measurement and Mr. Booth´s was so great, the case was adjourned for the attendance of the latter gentleman.