WRONGFUL DETENTION

Wairarapa Times-Age, 5 November 1941, Page 2

WRONGFUL DETENTION

WOMAN AWARDED DAMAGES. AN AUCKLAND CASE. (By Telegraph—Press Association.) AUCKLAND, November 4. Holding that there had been no assault, but that there had been wrongful detention, a jury in the Supreme Court today awarded Mrs Lyla Mavis Blanc £75 damages against the Farmers’ Trading Co., Ltd. Alleging that she had been detained and searched under suspicion of shoplifting, Mrs Blanc had claimed £.550 damages. The jury was out for an hour and a half. When the hearing was continued today Mr Justice Fair told the jury that tradespeople were entitled to take precautions to guard against pilfering within their legal rights. In this case it was alleged that assault was committed, though of a technical kind, and it was further alleged that there was wrongful detention in defendant’s office. The question for the jury to decide was whether or not in such detention any force or fear of force was used which caused plaintiff to remain in the office till the police arrived. After the verdict had been returned, Mr Finlay, for plaintiff, moved for judgment accordingly and Mr J. B. Johnston, for defendant, said he would like time to consider. The judge deferred entering judgment pending consideration of the question of law raised.