FUR COAT LOST

Dominion, Volume 15, Issue 3, 28 September 1921, Page 9

FUR COAT LOST

OWNER SUES RACING CLUB. Louisa Emily Symons, 22 Oriental Ter race, proceeded against tho trustees oi tho Wellington Racing Club (J. G. Duncan, W. H. S. Moorhouse, and O. S. Watkins) in the Magistrate’s Court yesterday, on a claim for the return of one musquash fur coat, deposited by her with defendants’ servants for safe keeping in the ladies’ cloak room at the Trentham racecourse on the first day of the winter Taco meeting. In the alternative she claimed £75, the value of the coat Mr. Toogood (for plaintiff) stated that the case was of some public interest, as he believed other garments had been stolen from the cloak-room at tho racecourse. He contended that the club was in the position of a gratuitous bailee, and as such was bound to exercise proper care, and was really responsible for the safety of articles left in the cloakroom. In her evidenOO, the plaintiff said that she left the coat with tho attendant, and received a ticket for it. She was not told by tho attendant that the club would not be responsible for any loss, neither did she see any notices on the walls to that effect. When she made a complaint to the club about the matter, she received rt reply from tho secretary to tho effect that while regretting the loss of tho garment, it was impossible to recognise the claim. The secretary also stated that all reasonable care had been taken with respect to garments placed in the cloakroom, that no charge was made, and that the public was warned by notice placed in the room that no responsibility could ba accepted for loss of articles.

In reply to Mr. O’Leary (counsel for the defence) she stated that it would cost £75 to replace the coat. The defence was that tho club had notified the public that while all care would bo taken, it would not be responsible for any loss; that in law the trustees were gratuitous bailees, and could not be held responsible for tho loss of the garment if reasonable cure had been taken —tmeh care ns an ordinary person would take of his belongings. It was contended that such reasonable care had been taken, and that therefore the club could not be held responsible for tho loss. Women attendants in the cloakroom, giving eviflenco, told of the care that was taken to prevent coats going astray. A.n attendant was continuously in tho room, and the present loss was the first known in eight years.

Mr. E. Pago, 8.M.. who heard the case, reserved his decision.