NOTES AND MEMORANDA.

Press, Volume LII, Issue 15752, 20 November 1916, Page 9

NOTES AND MEMORANDA.

Members of the Christchurch Musical Society are notified that the usual weekly rehearsal will be held at the Chamber of Commerce to-morrow evening. If a loaded furniture van topples over tho Packakariki Hill is tho owner of that van responsible for the damage done to the furniture? This interesting point was involved in a civil action which camo before Mr L. G. Ileid, S.M., at the Wellington" Magistrate's Court on Wednesday. Tho plaintiff was P. W. Lamb, of Pohangina. and tlie defendant Len Cloake. a carrier of Lower Hutt. In May last the plaintiff arranged with Cloake for the jcmoval of his furniture from "Wellington to Pohangina. A motor lorry was utilised for the purpose, and while crossing tho precipitous Paekakariki Hills it went over the side of the road, and slipped down to the bottom of a guliy. The lorry and the furniture wero seriously damaged and the driver injured. Plaintiff, alleging that defendant was liable, claimed £127 Is for the loss of his furniture. For the defence, Mr T. Young suggested a way out. He submitted that the transaction constituted a special contract, and that the liability of a common carrier did not apply. Mr A. W. Blair appeared for plaintiff. After listening to the argument, his "Worship reserved his decision.