A MILK CASE

Dominion, Volume 11, Issue 116, 2 February 1918, Page 14

A MILK CASE

« VENDOR'S APPEAL AGAINST CONVICTION. His Honour Mr. Justice Hosking yesterday heard an appeal made by Henry Bodley, milk vendor, Tinakori Itoad, against his conviction by Mr. S. E. M'Carthy, S.M., for selling mill; below the regulation standard. Mr. T. Nea-ve represented the appellant, and Mr. J. Prendeyille the Crown Law Office. Tho appeal was upon a point of law, the facts of the case as found by the Magistrate not being disputed by the' appellant. It was proved in the Lower Court that certain milk that Bodley sold contained about nine per cent, of added waterbut it was contended for the defence that Bodley had taken all reasonable steps to ascertain that milk going through his hands was up to standard. Mr. Neave submitted to His Honour yesterday that the proper inference to be drawn from the facts as found by the Magistrate was. that Bodley bad "taken all reasonable steps." All the facts, he contended, were in the appellant's favour. •Bodley was in the habit of testing the milk supplied to liini, though 011 some days ho found it impossible to make the tests by reason ot the exigencies of business. Occasionally it was necessary either to forego the tests or fail to deliver the milk at the proper time. ' . . His Honour expressed the opinion that "reasonable steps" meant steps that were reasonable 111 the special circumstances of each caso, and did not mean some abstract or ideal mode of procedure. The question before the Court therefore appeared to be one of fact, and one for the Magistrate's Court to decide.. Ho did not think he could reverse the decision of the Magistrate 011 the facts as stated by liirn. Mr. Neave asked His Honour to remit the case to tho Magistrate, so that certain evidence might be attached to the statement of it. His Honour adjourned the ease to enable Mr. Neave to peruse tho Magistrate's notes. He said that if the appeal was to be argued further it would probably come before two Judges.