CLAIM FOR DAMAGES.

Evening Post, Volume LXXIX, Issue 85, 12 April 1910, Page 7

CLAIM FOR DAMAGES.

ptomaine poisoned, plaintiffs'nonsuited. Damages were claimed by Mre. Katd Bradley and Darnel Bcadky, her son, from, the Thorndon Meat and Poultry Supply Company, b&fore Mr. W. G. Riddell, S.M., to-day, for alleged, negligence on the part of the defendant company, in supplying Hiem vath steak; ■ which they claimed had cawed them ptomaine poisoning. The> amount of damages claimed was £54 Ms, including £4 4s for medical expenses., Mr. A. Blair appeared for the jjlaintiffs, Mr. T. M. Wilford for the defendant company. Evidence was given bj- John Bradley, husband of the female plaintiff, that on the lltb January, the family had for tea steak purchased from the defendant company on the same day. Witness and his daughter did not partake of th© steak, but the two plaintiffs did. Shortly afterwards they began to suffer from severe pains. Dr. Izard was consulted, and diagnosed ptomaine poisoning. The witness returned part of the steak un-cons-umed to the defendants for analysis, if necessary. He understood that no analysis had been made of it. In cross-examination by Mr. Wilford, witness admitted having stewed steak for dinner. Medical evidence was given by Dr. Izard, who declared that all the symptoms pointed to ptomaine poisoning. He could not say whether such poisoning was caused by meat or what. It might have been caused by milk, or jam, or butter. The plaintiff, Kate Bradlc 7, also bore testimony. Sne said the "steak was cooked shortly before tea, having been delivered at 4 o'clock in the afternoon. Mr. Wilford applied for a nonsuit, on the ground that there was n6 evidence whatever that the steak was tainted. His> v Worship refused a nonsuit. John Robert Cousins, mauager for tha defendant company, said the meat had been delivered that morning by tho Wellington Meat Export Company. In fulfilling the order of Mrs. Bradley he. cut off the steak from a piece of about 301b weight. The whole of the rump steak was sold and there had' been no other complaints. The meat returned by Mrs. Bradley was about l£lb, and was put on the counter and sold. Alt the meat W2s inspected by Government Inspectors. Further evidence was given by Alexander Moore, manager for the wholesale department of the Meat Export Company. His Worship held that there vrae not sufficient proof that the ptomaine poisoning resulted from the consumption of. the steak in question. Indeed, other, parts from the same piece of meat had apparently been sold and consumed without ill effect. Sympathy was do& to the plaintiffs, who, however, must be nonsuited. Costs were given against the plaintiffs, in the sum of £2 14b.