Decision Against Woman Who Lost £422

Chronicle (Levin), 4 October 1949, Page 5

Decision Against Woman Who Lost £422

WELLINGTON, Oct. 4. The Supreme Court in a reiserved j udgment, found in favour of McKenzie's (Cuba Street), Ltd., in a case involving the loss by Mrs. Ellen Helson, a widow, of Petone, of a handbag containing £422 10s in notes. i The jury of four had found as a matter of fact that plaintiff (Mrs. Helson) had left the purse on a ,counter in the shop, that the bag had been handed by an employee to another woman who clairhed it, and that the employee had been negligent but not grossly negligent. Mr. Justice Hutchison said in his j udgment that had only a question on negligence been put to the 'jury an'd answered in the affirmative, that might well have led to a verdict for plaintiff, but when a (.subsequent question on gross negligence was answered in the nega- | tive ' that necessarily meant, he : thought, that in the jury's view the defendant company had not failed to discharge such duty of care as. rested upon it as a gratuitous' bailee. In his opinion, said his Honour, the jury's findings led to judgment for the defendant. His Honour found that plaintiff was neg'igent in walking about- a busy shopping street at a time of busy Christmas shopping with £422 - 10s in notes in her handbag, and so risking losing it and the contents.