VERDICT FOR PLAINTIFF

Press, Volume LXXVII, Issue 23478, 5 November 1941, Page 10

VERDICT FOR PLAINTIFF

WOMAN DETAINED IN SHOP JURY AWARDS £75 DAMAGES (P.A.) AUCKLAND, November 4. In the Supreme Court case in which a claim was brought by Mrs Lylia Mavis Blanc for £550 damages against the Farmers’ Trading Company, Ltd., alleging that she was detained and searched under suspicion of shoplifting, Mr Justice Fair told the jury that trades people were entitled to take precautions to guard against pilfering within their legal rights. In this case, it was alleged that an assault was committed, though of a technical kind, and it was further alleged that there was a wrongful detention in the 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, and caused the plaintiff to remain in the office until the police arrived. After a retirement of an hour and a half the jury returned a verdict for the plaintiff, holding that there had been no assault, but that there had been wrongful detention, and. award-* ed the plaintiff £75 damages. Mr Finlay, who appeared for the plaintiff, moved for judgment accordingly, and Mr Johnston for the company, said he would like time to consider the matter. His Honour deferred entering judgment, pending consideration of the question of law that had been raised.