FUR COAT LOST AT TRENTHAM

Dominion, Volume 15, Issue 17, 14 October 1921, Page 10

FUR COAT LOST AT TRENTHAM

RACING CLUB HELD LIABLE. A judgment of interest to racing clubs and others was delivered yesterday afternoon by Air. E. Page, S.AI. The case was that of Airs. Symons (represented by Air. G. Toogood) against the AVellington Racing Club (Air. 11. F. O'Leary). Mrs. Symons attended the race meeting at Trentham on July 13 last, and handed her musquash fur coat to the attendant in the cloak room, and received a numbered card. No fee was paid by Mrs. Symons, nor was any fee claimed by the attendants. The coat could not be lountl when Airs. Symons called for it, and she therefore claimed .£5O for its loss. Tiit> case was argued on the basis that the defendants were gratuitous bailees of the coat. The substantial question that the Court had to decide was whether there had been a failure to exercise reasonable care. After describing (he cloak Toom, and recording the fact that at three di'fi'erent points of the room printed notices 1n clear type were hung—the wording on which was, "AVhilc every care will be taken of articles left in this room, the club accepts no responsibility for same. By order, (Signed) A. E. AVhyto, Sec.”— the Magistrate said he did not think that the hanging of these notices was of itself sufficient to absolve the club from liability. The transaction entered intv between the parties he held to be a contract, and before the terms of the printed notices could be embodied in such contract it had to be shown that the notice came to tho knowledge of the plaintiff, and the evidence did not show that. The plaintiff and two of her friends deposited their coats with the attendant at the same time, and the three coats were hung together on one peg near the entrance of the room, and when Airs. Symons called for her coat at the close of the day it could not be found, but tho coats of her two friends were there. The defendants had acted throughout on the assumption that as no fee had been charged'for the deposit of the coat, and.as notices were posted disclaiming responsibility, they were under no liability. "In my opinion,” observed' lhe Alagistrate, “a duty was cast on the defendants to exercise reasonable care in safeguarding the coat of tho plaintiff, and that duty has not, I think, been discharged.” Judgment was accordingly entered for the plaintiff for .£4O and costs. Air. O'Leary said that the judgment was of considerable interest Io the racing clubs, and ho thought it desirable to obtain a Supremo Court decision on the point. Notice of appeal was accordingly given, and security fixed at. the amount of tho claim, plus J.‘lo 10s.