DAMAGES CLAIM

Hauraki Plains Gazette, Volume 53, Issue 32414, 31 March 1944, Page 5

DAMAGES CLAIM

ALLEGATION OF ASSAULT BUS PASSENGER’S STORY DISMISSED BY THE MAGISTRATE A claim for £5O damages and 25s special damages for alleged assault made by Charles J. Norrie, of Auckland against Transport Ltd., of Paeroa was dismissed by Mr W. H. Freeman, S.M., in the paeroa Court on Monday. Mr R. S. Carden represented Transport Ltd. Norrie whose solicitor failed to attend, conducted his own case. He stated that on February 1 he had travelled from Auckland to Tauranga by private car and . when passing through Paeroa he had called at Transport Ltd’s, office and purchased a ticket from Paeroa to Auckland foi his return journey. He had arranged when he purchased the ticket to wire the day he wished to travel on the bus so that a seat could be reserved. When he arrived in Paeroa on his return journey, he had gone to the Transport Ltd. office to ask whether they had received his wire which had read “Travelling Auckland to-day, Norrie.” Thomas had answered him most curtly t*hat no wire had been received. He had then enquired at the Post Office and found that the wire had been delivered to Transport , Ltd., who then admitted receiving the wire. He then went back to ask Thomas for a seat, pointing out that Transport Ltd. in issuing the ticket had made a contract with him. He told Thomas that he was going to keep him to his contract. Thomas put him out of the office so quickly that he had not known what happened. Thomas, he alleged, made as though to hit him in the face but evidently thought better of it. Clear Memory of Incident Questioned by Mr Carden, Norrie said he had a very clear memory of all the happenings and they occurred just as he had described them. Under cross-examination Norrie said he had produced his ticket when he called / at the office to go back to Auckland V and he did not book a seat to go on the next day’s bus at 8.30 a.m. He booked the seat for the 8.30 a.m. bus after the assault He denied that he had been told to ring up before he left' Tauranga to see whether a seat was available. He also denied that Thomas booked him a seat on the 8.30 bus next day at the time he told him that no seat was available that day. Thomas, he added, had got very angry and had thrown and pushed him out of the office. He had felt very humiliated. He had approached the police to take the matter up but they had told him to go and see his solicitor. He had gone to the police straight after the assault took place. He admitted when questioned that he had written to the Transport Authorities asking them to cancel Transport Ltd’s, licence but he denied that he had stated that he had '■*£' ' been kicked. Constable J. L. Brown stated that on February 3 Norrie had called at the Police Station to see him at about 5.30 p.m. and had laid a complaint. Norrie was in an excited condition and wanted him to arrest Transport Ltd'. Norrie had stated that he had been assaulted, thrown out on the footpath and kicked. He had questioned Norrie who could not show him where he had been hit. Norrie then said he had not been hit, explaining that he had not been pushed very much either but enough to realise he had to go before he was struck. He had then told Norrie that there was no case for the police to act upon and that he had better see his solicitor. Norrie Very Excited Norrie rose to question Constable Brown and denied that he had told the constable that he had been struck. He also contended that it was between 3 and 4 p.m. when he visited the Police Station. Constable Brown stated that Norrie was so excited when he first ap■4 proached him that he had had to wait until Norrie had talked himself out before he could get a word in edgeways. Arthur Dance, secretary of Transport Ltd., stated that his duties included the issuing of tickets and the booking of seats. He said he remembered Norrie buying a ticket and he had advised’ him to telephone to see if there was a seat available the day he wished to travel. He had warned Norrie “that a wire was no use. This was necessary, explained witness, because of the number of people travelling and the restricted, service; He explained that he had received j the wire from Norrie and as a Norris *-: from Waihi had failed to take his

seat in that morning’s bus he took it it was the same man trying to get on the afternoon bus and as there were no seats he had handed the wire to the driver going out to Waihi instructing him to explain the position. This 1 was why Thomas had not been able to find the wire when Norrie called the office. Conditions On Ticket Continuing, Dance explained that all tickets stated on their back that no person could travel without first booking a seat. This was also well advertised in the press, in the bus and in booking offices. He had been away from 1 p.m. till 2 p.m. at lunch when Norrie called on the day in question, explained wit-’ ness, but just after he returned to the office Norrie came in and asked for a seat. Thomas told him (Dance) that Norrie had been in asking for a seat. Norrie demanded a seat, contending that the company had made a contract with him by selling a ticket. He had reminded Norrie that he had told him to phone for a seat before leaving Tauranga but Norrie would; not listen and kept on repeating his claim that the company had made a contract through selling him a ticket. Thomas was in the .back office just off the main office while Norrie was at the counter. When the bus arrived Thomas had gone out to it and Norrie was still in the office, added witness. He had not heard Thomas' speak to Norrie and he had not see Thomas touch Norrie other than to brush past him as he passed out to the bus. Norrie followed Thomas out on to the street. Concluding, Dance said he had seen no sign of assault and had not seen Norrie again that day. Norrie had travelled up to Auckland on the 8.30 a.m. bus next day. This seat had been booked by Norrie before the 2.30 p.m. bus left as was shown in .the company’s records. All bookings had the time and date of the booking recorded with them. Seat Booked For Morning Evan S. Thomas stated that he was a director of Transport Ltd., and on February 3 was in charge of the office while Dance was away at lunch. He remembered Norrie calling at the office during this period. Norrie had claimed that he had booked a seat to go to Auckland that afternoon but the company’s records did not show any seat for . the man. Norrie then said he had sent a wire and he had looked on the file on which wires were kept but could not find Norrie’s wire. He had then explained to Norrie that if seats were not available they could not be reserved by a wire. Norrie had then claimed that he was entitled to travel, continued witness, contending* that the ticket was a contract. Eventually he had been able to get Norrie calmed down and had explained that there was no seat available. He had then booked a seat for Norrie on the bus next morning. Norrie came back after Dance had returned from his lunch, explained witness and he had left Dance to deal with him. As he had passed Norrie to go out to the bus when it reached the depot Norrie had swung round to face him with one arm out. He had put his hand on this arm as he 'brushed past to enable him to go out of the narrow office. He definitely denied ever assaulting Noii’ie. Questioned by Norrie, Thomas denied that he even put his weight against him and said, “Get out.” The Magistrate, in summing up said that the evidence disclosed' that Thomas had not assaulted Norrie. Norrie had stood in the office arguing because he was annoyed at not being able to get a seat. Then he had gone to the police and told them a “cock and bull yarn.” When he had been calmed down by the police he had had to admit that he had not been kicked. Judgment was entered for Thomas with witness’ expenses £1 3s, solicitor’s fee £3 3s, and court costs 3s.