COURT OF APPEAL

Press, Volume LXXXIIi, Issue 25302, 30 September 1947, Page 3

COURT OF APPEAL

INCIDENT IN HOTEL BAR (^’) « . WELLINGTON, Sept. 29. The Court of Appeal to-day began hearing an appeai brought by the Royal ? a ~ °; el ■kta- against a judgment given by Mr Justice Fair on August 22. The case arose out of an incident in the Royal Oak Hotel bar. A barman under express directions from the head barman refused to serve further drink to a customer, who was under the influence of liquor. The customer resented this and, on being told he would be served with no further liquor, while turning awav from the bar, threw his empty glass at the barn«an. The barman picked up a piece of broken glass and threw it at the customer, then making his, way • towards the exit. The glass did not harm the customer but a splinter entered the eye of another customer, Charles Pettersson, who was standing, nearby, and practically destroyed the sight of his eye. Mr Justice Fair held that the barman was bound as part of his employment to do nothing likely to endanger customers in the bar and to ensure this he should keep control of his temper and »of his private resentment. The barman, he said, had failed to do this and was therefore negligent in the cqurse of his employment and his employer was thus liable for his negligence. The hearing of theL appeal was adjourned until to-morrow.