RAGE-GOER’S FUR COAT.

Shannon News, 14 December 1923, Page 4

RAGE-GOER’S FUR COAT.

lost; at the otaki course,

CLAIM ON CLUB FOR £loo.*

At the S.M. Court yesterday Flora Ann Burt (Mr. Wiren) claimed £IOO from the Otaki Maori Racing Club (Mr. McGrath; for the loss of a fur coat Plaintiff, Mr. Wiren stated, came from Wellington on race day. Just before the races started enquiry was made as to the safety, of a coat if left in the cloak-room. Mrs. Burt was assured the coat would be quite alright. Just before the races concluded it was found the coat, which was hung under another on account of -its valuable nature, was missing. Enquiries were made and the matter placed in the hands of the . police, and later letters were sent to the Racing Club but no replies were received. The coat was a valuable one, Mr. Burt paying £l4O for it three, years ago. It was almost as good as new. He contended there was negligence on the part of the Club. Flora Burt stated: I'am plaintiff in this case. I, attended the races with Mr. and Mrs. Wylie, Mrs. Hollis and others. .We reached the course at about 11 o ’clock and left our coats in the. dressing-room, being directed there ,by an.,junknown man. The room was an ordinary dressing-room with nails and pegs for coats, etc. There were about..twenty persons in the room when we went in., We a&ked for the attendant .who was .pointed out. She said the coats would be quite alright. Mrs. Wyli'e hung up the coats, and showed the . attendant where they were! My coat, was put, under Mrs. Wylie’s and we left the room. We returned to the room at 4 o’clock, when Mrs. Wylie said "your coat is gone.’ ’ I looked about to see if I could see anyone with the coat and also told Mr. Burt of my loss. I said to the attendant that she was responsible ' and she said' she was not. The coat was a s’eal one and.in good order, only the cuffs being a little) rubbed.

To Mr. McGrath: The room was an ordinary 1 dressing-room. I did. not notice "cloak-room” above the door. There were lavatories. It is safe to say it was a ladies retiring rpom <c to adjust hats, etc. There was only one attendant, an’ old woman. She did not handle the coat. I have l’eft my coat in other face-course dressing-rooms. On these occasions I. got no tickets. The coat was too heavy to carry. It did not strike me that it was a foolish act to leave a coat there. This was my first visit to Otaki races.

Rose Wylie stated: I am the wife of A. A. Wylie, Solicitor, of Wellington, and reached the course about a quarter of fin hour before the races.- (Here followed corroborative evidence). The room did not have“cloak-room” Written up. I asked to be addressed to t,he ladies’ dressing-room. I asked the woman in charge ' if the coats would be perfectly safe and she said /'yes.” I then hung, up Mrs. Burt’s coat and then min’e. I put Mrs. Burt’s under-, neath as her coat was more valuable one than mine. We returned to the cloak-room before the conclusion of the races. My coat was there but Mrs. Burt’s was missing. I spoke to the woman in charge and she said she could not help it. Mrs. Hollis and I stayed about making enquiries ‘ while Mrs. Burt went to get Mr. Burt. When Mrs. Burt returned the woman was missing from the room. We saw her come back but she went away again. To Mr. McGrath: I asked for the ladies dressing-room and it was pointed out to us. ' I had never been to the Otaki races before. I asked the lady in charge if it was the ladies ’ cloakroom. I thought the coat would be safe under the woman’s care. It never entered my. head that someone might steal it; I never asked for a ticket for my coat. I thought the coats would be safe under the woman’s care. The woman did not say we could hang up our cloaks at our own risk. I hung the coat, up on the opposite side of ' the room to the door. I valub my own coat at £6O. Ethel Hollis stated she was one of the.party and gave evidence on similar lines to the previous witness. Her coat, she said, was valued at about £SO. She.‘heard Mrs. Wylie say "Where’s your .coat, Mrs. Burt; its gone!” ’ To Mr. McGrath: Anyone who liked could hang a coat there. The woman in charge was fairly old; she gave us no. acknowledgment when we left our coats, there.

To Mr. Wiren: The woman in eharge assured us the coats would be perfectly safe.

Thomas Ross Burt stated: I am managing-director in Wellington for A. and T. Burt. I attended the'races, and about the seventh race Mrs. Burt informed me her coat had gone. I saw Mr. Griffiths, who assists at Otaki, and he.said he was sorry but could not do anything. I then saw a policeman and gave details. The attendant was there and was cross-examined.

To "Mr. McGrath: It was my first visit to the, Otaki races. I carried my coat .With me all the time. Mr. McGrath to witness; What’s the life of a coat f The S.M.: It all depends on the fashion! Witness, continuing, said the cost of a similar' coat to-day would cost £l2O, perhaps £l9O retail.

Mr. McGrath submitted plaintiff could not recover damages. The Club, while regretting the loss, said it must be admitted the ladies showed gross less stability'and lessen the possibility negligence. The Club was aware of its responsibility, and had a proper cloak-room on the ground which was as near thief-proof as possible. It was the only cloak-room on the course and had “cloak-room” printed there. <A ticket was given in exchange for the coat, and it was impossible for any person to get a coat witho*# a (ticket,? The attendant in the *kmk-room would say there had been no trouble in hi* quarters with coats. The. Club had a ladies’ dressing-room which meant ladies ’ retiring room. The room was only a dressing-room, while ladies could retire for adjusting hats, etc. The lady in charge was there to look after the lavatories, and it would be grossly unfair if the Club was held liable for any article left there. Mrs,

Giddens, attendant, would say she had' stated that she was not responsible for coats. If the ladies had used ordinary care they would have seen they were takin,g a big risk. Two young girls were there with the attendant, and they would declare that Mrs. Giddens said they could leave their coats at their own riskA The Wellington Eacing Club have a cloak-room and gave tickets. Mr. McGrath then'applied for a non-suit. > The S.M. reserved the non-suit point.. Ossian J. D 7 Ath stated: I am secretary of the Club, which provides a cloak-room for its patrons. (Photo pf cloak-room produced). Duplicate tick: ets were printed and one. half pinned to tlie article, the other half given’ to the owner of the coat. The attendant never left the room. We had no complaint about the loss of coats from this room. (A photo of the dressing-room was also produced). Witness, continuing, said this room was open for any woman to go in, and was a ladies tiring room. The attendant was there to look after the lavatories and to maintain order. Louisa Giddens stated: I was an attendant at the races, and looked after the ladies 7 waiting-room, which was open for any lady. I had nothing to do with the cloaks. I was told by the Club ’s secretary not to have anything to do with them. I remember the coat being lost. One lady asked me if I would look after it and Tsgid I would not be responsible and that if she hung it up she left it at her own risk. I never handled the coats. Two girls were with me on the day in question; I never said the coats would be quite safe. The loss of the coat was reported to me and I said, I could not help it. Q;ne ladv said I was responsible for the loss. , To Mr. McGrath: I never handled any coat. Jean Maddeck: lam 14 years of age, and was with Mrs. Giddens at the ladies 7 room. I heard a lady ask Mrs. Giddens if she could hang her coat up. Mrs, Giddens said they could do so at their own risk. Enid Maddock, aged 16 years,. gave similar evidence. ■„ Mr. Wiren submitted that a servant of, the Club agreed to take the coat and keep it. in safety. He also .held •that the girls were not present when the coats were left. He contended the Club must be held responsible for the coat. The ladies 7 attention, was not ' drawn of the other cloak-room, and he submitted he was entitled to judgment. Judgment was reserved.