INCIDENT ON A TRAIN.

Press, Volume LVII, Issue 17112, 6 April 1921, Page 4

INCIDENT ON A TRAIN.

INSPECTOE AND BOY. In the SujJrome. Court at Hamilton, Mr Justice Hoskihg. reversed' the decision of Mr Kenrick, S.M., hi the case concerning an incident on si train, when a ticket-collector boxed a boy's cars during a journey, from' Hamilton to Morrinsville. The boy's name was LoAvry, and he proceeded against the ticket-collector, .UarJow, for assault, claiming £lO damages. The. magistrate found tnat the ticitet-collector was justified in cuffing and nulling plaintiff's ears for kicking the carriage door, causing it to stniie him (Barlow) in the face. Lowry appealed, and his Honouv in his decision suggested that the venerable right allowed by law to parents and teachers to corporally punish a child was an incident of the larger function of trainfng and educating the child. The magistrate was in error in assuming the provocation justified* the application of physical force in the nature of punishment. Here, on the facts, .there was >no ifatentioual provocation, for it was found that the appellant was unaware that respondent was on the other side of the door. In his Honour's opinion, appellant in no way disentitled himself to immunity from physical force at the hands of respondent and was entitled to damages. The decision of the Magistrate's Court was therefore reversed, and the case was referred back to the Court to assess the damages and give judgment to the appellant for the amount thereof. The respondent must pay appellant £5 os and disbursements, as the costs of tljis ap-. peal, to be added to the amount of judgment to be given in the Magistrate's Court.