CITY MILK SUPPLY

Dominion, Volume 15, Issue 66, 10 December 1921, Page 9

CITY MILK SUPPLY

A VENDOR PROSECUTED

The police proceeded against the_ No. 1 Municipal Milk Distributing Co. in the Magistrate’s Court yesterday, before, F. K. Hunt, S.M.. for selling, ndultcrivted milk—that is, milk deficient in fat. Tho case involved n very important point. After formal evidence for tho prosecution had been given, Mr. T. Neave. who appeared for tho defendant, said that the defence relied upon the warranty received front tho City Council, that the milk when delivered to the defendan ■ wns of a saleable quality. The prosecution alleged that tho milk was' but it did not prove -that it had not complied with the standard when debvored The defence would prove that toe milk had been kept agitated in order that tho butter-fat should be evenly distributed, and it was, therefore,, maintained that the milk was sold m the eamo condition as received. ihe company was entitled to re y absolutely on the warranty. Counsel contended that it was essential to the success of tho prosecution to prove that. the milk was up to standard when received from the municipal depot. Mr O'Shea, who was present to watch the ca.se on behalf of the City Council, said that that could bo proved. As to tho burden of proof, Mr. O Shea contended that toe onus was on the defendant to prove that the milk was sold tn exactly tho condition in which it was received. ... ~ Tho municipal analyst, in hisi evidence, said that tho whole of tho milk distributed on tho day tho sample was taken was tested, and tho least test was .!.<•> per cent. Ho would: swear that the milk when delivered to Ihd -vendors complied with the standard. . Tho Magistrate eaid he would - convict, the defendant, hut in view of the facts would not impose a fine Dcfendanr was ordered’ to pay costs totalling 38s. xl.