Conisborough Case – Hire of Traction Engine

Tom Harness, roundabout proprietor, Worksop, bought an action against S. Whitefield, traction engine proprietor, of Conisborough, for £30, for 10 weeks hire of a traction engine.

Mr Ellison, of Sheffield, appeared for the plaintiff, and Mr Baddeley was for the defendant.

Plaintiff said that on 11 December last he was at Conisborough with his apparatus, when he agreed with defendan’ts stepson to lend defendant his engine for a few weeks at £3 per week. Defendant’s stepson fetched the engine away. Afterwards defendant stated that the engine had been sent to him to repair. There was a counterclaim for £9 14s 6d less then £1 for 2 days use of the engine.

In cross examination. Plaintiffs admitted that the tubes of the engine had been drawn, but this had been done without his authority. Defendant’s son did not say they would pay 10s. Per day for everday the engine worked.

Defendant and his stepson both gave evidence to the effect that the latter went to plaintiff to hire the engine for a few days, but that he found it in a very bad state of repair and that an arrangement was then come to between plaintiff and defendant that defendant should repair the engine and pay 10s per day for the use of it if it were used at all. They only used it twice, because it did not do its work properly. They both said that defendant was present on the Sunday, when the engine was being repaired.

Mr Boomer, traction engine proprietor, said he saw plaintiff helping to repair the engine on Sunday morning. He also stated that the defendants charges were fair and reasonable.

George Clarkson, Carter for Mr Rich, disposed to hearing Harness give instructions to the defendant for the repair of the engine.

His honour found for the defendant on the claim, and also gave judgement for the defendant on the counterclaim, with costs.