The Okato Coach.

Taranaki Daily News, Volume XLVI, Issue 154, 4 July 1904, Page 2

The Okato Coach.

CLAIM FOR DAMAGES. REFUSAL TO '.'AUIIY A PASSEN(7>.;'. At (liii Magistrate's Con.? day morning Mr Hutchison, 3..V heard an interesting case in which an old man named Taft, ofOkuto, I sued .1. McOullum, coach proprietor.] lor £lO damages for refusal to car- j Iry him in the coach running from New Plymouth to Okato on June | 4th last. Mr Wright appeared for j plaintiff, and Mr Wilson (Hoy and Wilson) for defendant. Ten shillings' lutd been paid into court. The defence admitted that as a common carrier thu 'defendant was \bouiwl to curry the plaintiff. It was also admitted thai, the plaintiff had entered tha coach without knowledge or consent of the proprietor. The plaintiff, W. J. Taft., gave evidence that on Juno 4th he took his seat in the coach for Okato. When he got to Turton's corner, near thu old toll-bar uf (Imata, the coach was stopped. Tha defendant, who was driving, came round to the hack of the coach, and said, "Are you there, Taft?" Witness said "Yes." McCuUum said, "Have you got a shilling'.'" Plaintiff said, "Yes, two if you want them." lie gave McCullum a shilling. McCullum then said-, "Come out of my coach." He'got out. and the coach went on, leaving him in the road. The weather was bad ; very rough. A gentleman gave him a lift in his gig as far as Oakura. When lie arrived there he was soaked. At Oakura he took another coach, and reached Okato that night. For over a week lie was laid up with a cold and sore throat. He was just a little independent, and did not work. He could not liave worked that week had he wished. He was sixtythree years of age. To Mr Wilson : He came in that day by Roebuck's coach, and generally used that line. For the return journey ho missed Roebuck's coach. Hp had not seen any notification that passengers to Okato must take out tickets before commencing thu Journey. There were four people In the coach, and there was room for eight passengers. Tha return far« to Okato, forty miles, was four shillings, ami this charge of a shilling for two miles was what he called extortionate. John Jury, a farmer at Tatarnimaka, who said he was a passenger on June 4th by McCullum's coach, and a fellow-passenger of the plaintiff, corroborated his evidence.. The weather was b-ad. This was the case for tlie plaintiff. For the -defence, Mr Wilson called Charles Iloneylield, a Tutaj'aitoiakia farmer, who picked up the plaintiff and carried him in his gig to Oakura, said the wuather was showery. When Taft left his gig he went into Roebuck's coach. Could not say if Taft were very wet. Mr Wilson, in addressing the court, said the plaintiff would be amply compensated by the amount of ten tea shillings paid into Court. The S.M. remarked that he would find It difficult to assess the actual damages If tho plaintiff's feelings were to be considered. Would 1 he be justified in inflicting punitive damages when a man committed an inhuman act in putting an old man out into the drenching rain. Mr Wilson said that the olTenre was purely -a technical one. Thero was no evidence that Mr Taft suffered any -injury. The Magistrate thought otherwise. Mr Wright quoted authorities for recovering substantial dumages in cases such as this for a breach of common law right. Plumtiff had a common law right to remain in that coach. He regret'tod that the court had no jurisdiction to award £SOO damages. Tho Magistrate said that the plaintiff could haw claimed £2OO. On what basis was the £lO assessed ? This appeared to him to be a breach of contract, a tortious breach. Mr Wright thought this 'was a tort, and quoted "Addison on Torts" in support. His Worship slated that he had arrived at a decision that he hud no right to award any dama-gtw, but actual loss sustained 'by tho wrongful act. He could not awaid exemplary or punitive damages, without evidence having been led to show the damages naturally and reasonably flowing from the act of the defendant. There must be some sort of principle on which lie should order the defendant to pay damages. Mr Wright said the only measuro for assessment was tho commonsense of the jury. Judgment was reserved.