SUPREME COURT

Dominion, Volume 11, Issue 258, 19 July 1918, Page 9

SUPREME COURT

APPEAL ALLOWED

SELLING SHORT-WEIGHT

BUTTER Yesterday His Honour Mr. Justice Chapman heard a case in which Joseph Nudum ami Co., Ltd., appealed against: llie decision of Mr. S. E. M'Carthy, iS.JI., hi "'relation to a fine imposed for ecllinsf short-weight butt or to William Campbell, grocer, of Maimers Street. Mr, M.-Myers appeared for Uie appellants, and Mr. P. S. K. Mncnssey for tho respondont, Inspector Coivdrey. Mr. Maeassey explained that the de : fondants manufaetiired the Defiance brand of,"butter. . On .January 8, 1917, Mr. Canipuell purchased '481b. of butter from Nathan and Co., tho packages being labelled .lib. On January 10 Inspector. Cowdrey purchased a package cf the butter from "Mr. Campbell's assistant, and on weighing it found it was 5 drams short. .The charge was laid for having a "misleading label,, under Section 12 of the .Sale' of. food and Drugs Act. Tests, had been.made, and it. had rcen found that the loss of • weigh I: could not have resulted from -evaporation. It was contended that'it was oiutPcd by thu too close adjustment "of wires in the defendants' cutting, machine." It was the. duty of the seller to see that things were not cut .so fino that the buyer has to take the risk of short, weight. . It was submitted that-defendants had nof: token .all reasonable precautions under '.he regulations; ■ "' ■ ■ -i -

Evidence'was'called js in the lower Court.

For ...the. ■ dcfendanti;, Mr. Myers contended that there was no «nso to answer. It was stated that this butter was sold on January 8 to Campbell-and that had ndt been proved; and this was important, for if that butter was in the shop before January'B it'must liavo boeii there from January .5, if not from, an earlier period, and that in itself, in a place hko that, .would account for the difference in; weight owing to evaporation. On the same day. January 10. that the inspector bought the butter at Campbell's "store lie. also .purchased from' another store the' sumo brand of butter, which was well over.the weight. He contended that the Crown had 'not'proved its'case. . His Honour said that a probable ease had been .made out, but he thought flomethiniT more should.be made, out in a ease, like this. He did ,riot'think it had been proved as conclusively as it should,be. The ■ appeal-was therefore allowed. . .QUESTION,-OF TAXATION.. : . His Himonr. Jlt. Justice Hosking had before him in tho Supreme Court yes-, torday the case ot Donald Gowpef Yule against the. Commissioner of i axes. Mr. A. W. Blair appeared for Yule, ■and Sir John Salmond for the. Commissioner of Taxes. The case was by way of appeal from a decision oT the Commissioner-of Taxes, wherein it was-decided that the appellant was liable-ifor land tax on certain Jaiid in the Moroa Block, which -land at.March 31 last. was.subject to n:lease with a compulsory purchasing clause. , • The question submitted for the decision of His Honour was- whether Yule wa? not in possession of tho land and therefore entitled to exemption uider the Finance Act, 1917. ■ t After hearing argument His Honour reserved decision. . '