SLANDER ACTION

Press, Volume LXXII, Issue 21707, 14 February 1936, Page 6

SLANDER ACTION

TAXI-DKIVEK BIJKS C. 8. fnoyyo

ARGUMENT OVER FARES

A slander action brought against Charles Seymour Trißov of Gold Bond Taxi* fey a longer Gold Band taxidriver. was heard before Mr F. F, Bead, I SAL. In the Magistrate's Court yes-j today. Tbs plaintiff was ■ Edward ! John Peek, who claimed £SO damages! from Trilfo, alleging that the defend- s ant had tzid In the hearing of. several I persons, in Cathedral square—' “Peek \ took a fore hack from Monica Park to the Square and stole the amount of | the fore. Peek is a thief.” After long! evidence had been heard, the magis-l trate gave judgment fear the plaintiff | foe £3 With coals. He remarked that servants could not be called thieves | with impunity in public, and that the; cause need never have come before the | court had Trillo answered saiisfac-: torily a letter sent to •him by Peek’s solicitor. i The plaintiff was represented by Mr J A W. Brown and toe defendant by I Mr R, A. Yeung. i Plain tiffs Claim | The plaintiff in his statement of ■ claim said be was a taxi-driver in| the employ of toe defendant until Do- j cember 14, 1935, On that day the dg-} fondant, he alleged, maliciously said in the hearing of several other per-} sons, "Peek took a fare back from! Monica Park to the Square and stole; the amount of the fare. Peek is a 5 thief.” These words were intended, the’ plaintiff alleged, to mean that be was j guilty of a criminal offence. They had greatly injured his credit and reputa- j lion, and he bad been dismissed from j the employ of toe defendant. I Mr Brown said that on the night of | December 14 the plaintiff took some | people to toe broadsiding at Monica! Park and came back to the Square j without a passenger. He bad been in! the Square only a short time and was} about to speak to a woman who ap- j preached when toe defendant came up j and accursed him of having brought a; passenger back from Mcnica Park and I stolen toe fare. This accusation was! made within the hearing of the woman | end other taxi -drivers, and was clearly j slander. Trillo dismissed the plaintiff : there and then, and since that time the plaintiff bad been doing casual jobs. I i Incident Described The plaintiff, in evidence, said that j on the night of December 14 be took I an official to the broadsiding. The official gave him a ticket, and he went in to see toe racing. When be came out he found so many taxis on the stand that be decided to go stralgnt back to the Square. He went first to toe feeder stand outside the Harley buildings in Worcester street and then into toe Square. He was sitting in toe car when a woman, Mrs Collins, well known to himself and other drivers, came up to him. She was about to speak when Trillo arrived, and she stood aside while Trillo marked the plaintiff’s time-sheets. Trillo took out j a torch and shone it on fo the speedometer and the time-sheet and salt, “What’s wrong here? You had a job hack from the park. I see you’ve get it down for going there, but what! about the job back?” \ The witness then said he did not \ have a job back from the park, and after he had repeated this twice, Trillo said, “you’re lying. I’m not satisfied with you.” “Don’t Call Me a Liar’’ Witness »td, “Don’t call me a liar. I will not have you Of anyone else say that to me.”, Trillo replied, “You’re finished; take the car In, and witness retorted, ‘Take the car in yourself. You’re not going to accuse .roe of faking your money.” Trillo then said, “That's all right, but I want my 3s 6d for the job back from the park." Witness protested that he did not bring a passenger back, and Trillo then swore at him and persisted that he did and that he was a thief. Witness climbed out of the car after further argument, and Trillo got in, remarking, “You're like the rest, all talk.” Elsie Gladys Collins, who said she was standing beside Peek’s ear when the incident occurred, and T. Carroll, another taxi-driver, also gave evidence. To Mr Young, Carroll said that Trillo was regarded as a Ned Kelly in the taxi business. Trillo, in evidence, denied having called Peck a thief or a liar. He reprimanded him for coming back to the Square without a passenger instead of waiting at Monica Park. Peek became very annoyed. Witness told him he himself was the only person suggesting theft. Magistrate's Comment Giving judgment for the plaintiff tor £3 with costs, the magistrate said he was satisfied that the words complained of had been spoken by the defendant. To hold otherwise would be to find the witness, Carroll, not a witness of the truth. Carroll had been perfectly frank and given his evidence well. Little attention could be paid to the fact that Peek had returned to the Square without a fare. Little demage bad been done by the defendant’s words, because those who heard him were only Mrs Collins, a friend, in whose estimation the plaintiff’s reputation was not affected, ar.d Carroll, another taxi-driver, with whom Peek later discussed the matter.