BROKEN FALSE TEETH

Dominion, Volume 21, Issue 117, 15 February 1928, Page 3

BROKEN FALSE TEETH

CLAIM FOR DAMAGES FAILS PLAINTIFF NON-SUITED "This man is trying to put over a novel kind of swindle,” eaid Mr. A. B. Sievwright in the Magistrate’s Court yesterday when referring to A. Kingston, who claimed .£8 10s. for damage done to his false teeth and for the physical and moral damage be alleged that he had suffered at the hands of Kenneth Kindell, foreman in one of the departments of Ferguson and Osborn s business, whom he alleged had struck him on the face without the slightest provocation. Kingston, for whom Mr. S. .Toll appeared. said that one day Kindell had struck him while at work, for nothing at all. He had received a blow on the face, with the result that his head banged up against the wall. He had been forced to stay away from work ill as the result of the assault. Mr. Sievwright: You are trying to put over a swindle, Kingston. old teeth were no good, so you decided to find a novel way of getting a new set. That is why you are asking for these damages. •. Plaintiff: Nothing ot the kind. 1 was struck a hard blow, for no reason at all. I was physically aud morally unfit to work after it. Mr. Sievwright; 1 quite agree that von were morally unfit. Kingston. 1 hat point I will not deny. Did J Ol ' 11 "/ ask prior to this assault that the foreman give you some overtime worn to do so that you could get your teeth mended for Christmas?—“No. 1 never Two witnesses called on behalf of Kingston stated that they knew alxiut the assault. They had not seen Kindell strike plaintifl, nor bad they heard plaintiff speak ot it at J' 11 ! 1 -- Mr. Joll: Tt’s no good, Nour Worship. We have several witnesses, but tiny will no doubt say the same. The fact is that they all work at I'crguson and Osborn’s and are under kindell, who is a foreman there . In reply to a question by Mr. bieywriglit, one of Kingston’s witnesses said that plaintiff was a nuisance while at work and always causing trouble. He used to make mischief and cause unrest amongst the men lhe foreman had always treated all those under him, including plaintiff, in a very lair nian--11 The defendant in giving evidence denied that he ever struck Kingston. the latter had gone over his head to one of the others in charge to see about some leave, and witness spoke about it to plaintiff, who seemed to go ’ nmd. He hail brushed past witness, and in so doing had come in contact with witness's hand, which did not hurt him in the least. Witness had stepped backin a narrow passage to allow him to pass, and that was when lie was alleged to have assaulted him. Mr. Sievwright: Is he employed by your firm now?—"No.” The Magistrate said lie thought the claim must fail. Kingston should nave brought some other evidence it tie wished to succeed for assault, asi defendant denied it. <VJn ont was as reliable as plaint iff s. statement on the evidence, and that being so the case would have to be non-suited. Kingston was ordered to pay costs amounting to All 12s.