PARKING AT RACES

Evening Post, Volume CXXIII, Issue 142, 17 June 1937, Page 10

PARKING AT RACES

MISSING SPARE WHEEL

CLAIM AGAINST THE CLUB

(Jiy Telem-nnh-l-'ress Assnominn.l CHRISTCHURCH, This Day

A claim against the New Zealand Metropolitan Trotting Club for £8 8s 6d, the value of a spare wheel and accessories stolen from a car parked on its grounds on March 27, was heard in the Magistrate's Court this morning before Mr. F. F. Reid, S.M. The plaintiff was A. B. Wanty, for whom Mr. M. P. Eales appeared. Mr. A. W. Smithson appeared for the Trotting Club.

The plaintiff claimed that, he parked his car and paid Is for a ticket. When he returned to the car in the afternoon he found that the spare wheel and accessories were missing. These it was claimed were lost "by reason of negligence or want of care or other default of officers of the defendant club." The amount of the claim included £1 for a lock appliance.

The facts were admitted by the defendants, said Mr. Eales, and his case rested on whether or not the payment of Is established bailment. He quoted numerous authorities to support his case, including the "Fur Coat Case" brought against the Wellington Racing Club in 1922. There was only one notice on the ground lirecting cars to the parking place, said Mr. Eales. There was no notice disclaiming responsibility for loss or damage, nor was there any disclaimer on the ticket. When he discovered his loss Wanty looked for an attendan', but could not find one. When Wanty told the secretary of his loss the secretary seemed surprised to hear that there were no attendants on duty. This, Eales claimed, was evidence of neglect. "As the matter is one of considerable interest, I propose to reserve my decision," said the Magistrate.