Handbag Was Handed To Wrong Person

Chronicle (Levin), 2 September 1949, Page 3

Handbag Was Handed To Wrong Person

-■ ▼ WELLINGTON, Sept. 1. In December a woman claimed she left a handbag eontaining £422 10s in McKenzie's store, Cuba Street, Wellington. She claimed that when she returned to the store she found her handbag had been handed to anothei person. Today legal argument, following the jury 's verdict in a claim she brought against the firm, was presented in the Supreme Court before the Hou. Mr Justice Hutchison. Plain tiff was Mrs Ellen Helsen, widow, of Petone. The jury found last month I that in fact she had really lost the 'handbag in defendant's store; that it ; had been handed over to another person and that defendant company's ser- | vant had been negligent, but not grossly so. Dr O. C. Mazengarb, K.C., who ap peared today for McKenzies, submitted that, as the jury had found defendant's servant was not grossly negligent, defendant company was not liable. It was qot a reasonable inferenee from the evidpnce, he submitted, that the handbag had been left in the store and even if it had been the shop assistant who had given it to another claimant had acted reasonably and fairly. j Mr H. R. Watterson for plain tiff submitted that the jury's verdict of negligence should render the coinpany liable. The Court reserved deeision.