NEGLIGENCE ALLEGED.

Auckland Star, Volume LV, Issue 222, 18 September 1924, Page 5

NEGLIGENCE ALLEGED.

AGAINST AH ASSISTANT. JUDGMENT FOR DEFENDANT. A- Queen Street jeweller, Victor Brownson (Mr. Newbery) sued a saleswoman, Gwen Sinclair (Mr. McLiver) for £21, in the Magistrate's Court this morning. Her husband, W. E. Sinclair, was also joined as a defendant. Plaintiff alleged that by defendant's negligence she- sold a watch valued at £25 for £5, while there was a further cause of action that defendant failed to account for the sum of £1 from a customer. The, defence was that defendant had never sold a watch marked £25, and that the only watch she had sold was marked £5. All the money received by defendant was rung up oir the cash register. Victor Brownson, in evidence, said that in March last, when serving a customer, he noticed a watch was missing and on questioning his assistant, Sinclair, was informed by her that she had sold ft for £5. The watch was marked £25 and plaintiff asked her how she could make such a mistake as the ticket was in hei ! own handwriting. The ticket was found in the rubbish tin and was clearly marked £25, Plaintiff advertised foi the purchaser without success. Th< assistant left eight weeks later and th« next week a man named Burrows called for a ring on which he had paid a deposit and produced a receipt for £1. After hearing the evidence of the defendant, his Worship said that, w ouch cases as the present one, negligence must be proved. "If, as defendant I saj-s, Brownson put the watch in the wrong tray, the negligence is on him,' Ihe said. Judgment. was given for the J defendant, with costs £2 15/.