SHORT DELIVERY OF MILK

Dominion, Volume 15, Issue 23, 21 October 1921, Page 3

SHORT DELIVERY OF MILK

HOUSEHOLDER CLAIMS lid. DAMAGES. Yesterday, in the Magistrate’s Court, Frazer M'Kenzie, who was represented by tho city solicitor (Mr. J. O’Shea), proceeded against the No. 1 Milk Distributing Co., for whom Air. T. Ncavc appeared, to recover the sum of 41d. as damages for alleged breach of contract. The case, though involving In small sum of money, was of considerable interest to all householders. Tn the statement of claim it was set out that plaintiff resided at (15 Murphy Street, and had a standing order with the defendant company for the daily delivery of 2 pints of milk. It was alleged that between August 17 and 25 milk had been short, delivered as follows:—August 17, ,Toz.; August 18, 30z.; August 19. 20z.; August 20. 2]oz.; August 21, lloz.; August '22, 2Joz.; August 23, 30z.; August 21, 20z.; August 25, 2oz. Mr. O’Shen, said that complaints had been received by the corporation that householders were not getting their full daily supply of milk and an officer of the council wai* accordingly instructed to measure the milk. This was done by, means of a glass jar. Evidence in support, of counsel’s statement was given by A. S. Patterson. For the defendant company, Mr. Neave said that the case was being fathered by the City Council in furtherance of a certain phase of propaganda, work. Some of the people, in control of tiie milk depot held different views regarding the best methods, of milk delivery. Counsel contended that the contract with the plaintiff was for the delivery of approximately two pints daily, or, otlieiwise, the contents of two pint measures. It was the custom of the trade to supply milk in this way, arid he suggested that in doing so tho company had carried «ut its obligations. The niilkman was not expected to give a scientific and accurate measure of the fluid. The Magistrate: Two ounces in the pint meant' 10 per cent. Mr. Neave: Wc don’t know the loss there was when the milk was being transferred from the billy to the glass jar. Henry Bodley. manager of the company. gave evidence, and under cross, examination stated that Qte company’s daily distribution of milk was about 1301' gallons. If some householders received short measure, others received good measure. Mr. F. K. Hunt. S.M., gave judgment for plaintiff for tho amount claimed, with costs.