UNUSUAL CLAIM

Hawke's Bay Herald-Tribune, Issue 130, 18 June 1937, Page 8

UNUSUAL CLAIM

-Press Association.)

Trotting Club Sued for Loss from Car

(By Telegraph-

CHRISTCHURCH, Last Night. A claim against the New Zealand Metropolitan Trotting Club for £8 8s 6d, the value of a spare wheel and accessories stolen from a car parked on its grounds on March 27, was heard in the Magistrate's Court this morning before Mr. Reid, S.M. Plaintiff was A. B. Wanty, for whom Mr. M. P. Eales appeared. Mr A. W. Smithson appeared for the Trotting Club. Plaintiff claimed that he parked his icar and paid ls for a ticket. When he Teturned .to the car in the afternoon, he found that a spare wheel and accesjsories were missing. These, it was claimed, were lost "by reason of negligence or want of care or other default of the officers of the defendant club." The amount of the claim included £1 for a lock appliance. The facts were admitted by defendants, said Mr. Eales, and his case rested on whether or not the payment of ls established bailment. He quoted numerous authorities to support his case, including the "fur coat case" bronght against the Wellington Club in 1928." There was only one notice on the ground directing cars to the.parking place, said Mr. Eales. There was no notice disclaiming responsibility for loss or damage nor was there any diBclaimer on the ticket. When he discovered his loss, Wanty looked for an atteixdant, but could not find one. When Wanty told the secretary of his loss, the secretary seemed surprised to hear that there were no attendants on duty. This, claimed Mr. Eales, was evidence of neglect. "As the matter is one of considerable interest, I propose to reserve my decision," said the Magistrate.