BUTTER THAT WAS SAID TO BE SHORT WEIGHT

Evening Post, Volume XCVI, Issue 16, 18 July 1918, Page 8

BUTTER THAT WAS SAID TO BE SHORT WEIGHT

AN APPEAL UPHELD

In the- Supreme Court this morning his Honour Mr. Justice Chapman heard a case in which Joseph Nathan arid Co. appealed against tha'depision of Mr. S.E. M'Carthy, S.Mv;* imposing a fine in January, 19i7,forselling short-weight ■butter to William Campbell, grocer, of Mannersstreefc. Mr. M. Myers appeared for the ■appellants and Mr. P.' S. IO 'Macassey, of ■ the 'Crown -Law Office, for -Inspector "Cbwdefoy, of "the Health Department. Mr. Macaesey said the company manufactured the "Defiance" brand of butter. On Bth January, 1917, Campbell purchased 481b of butter from the firm, the packages being labelled lib. On 10th January-Inspector Cowderoy purchased a package of'the butter from Campbell's assistant,"and" on weighing it found that it was 5 drachms short. " The charge was laid for having a misleading label, under■section 12 of the Sale'of Food and ■ Drugs Act. It; was contended ■ that the short weight was caused by too close adjustmenfof wires in.the defendants' cutting machine. For the <Mendants, Mr. Myers contended that ti.v *.'was no case to answer. The. sale had n-i- been proved; and on the same day that' the inspector was said to have bought the butVer at Campbell's he also purchased from another store the same bi-and of butter, which was well over the weight.- His Honour, after hearing a good deal of evidence; said that a probable case had been- made out, • but he thought something,more.should be made out in a case like this." He did not think it had been proved as conclusively as it should. The appeal was therefore allowed.,