CONTRACT OF CARRIAGE

Evening Star, Issue 25113, 1 March 1944, Page 3

CONTRACT OF CARRIAGE

SUITCASE LOST ON TRAM CORPORATION RESPONSIBLE (P.A.) WELLINGTON, Feb. 29! The Chief Justice, Sir Michael Myers, in the Supreme Court to-day dismissed an appeal by the Wellington City Council against a magistrate's decision awarding a tram passenger £6O damages, with £l2 costs, for the loss of a suit case and its contents carried on, a tram car. The respondent had paid the usual charge of 3d for tho carriage of the suit case. The magistrate did not hold the corporation to be a common carrier, but found that it was liable under a contract of carriage. He also held that the onus of proof was on the corporation to show that adequate care had heeri taken, 'and, further, that in his opinion, the system adopted was not adequate.

The city solicitor, supporting the appeal, arguedi that in such a case a prima facie case of negligence had to be established before the corporation was called upon to answer it, and, secondly, tfiat the system was adequate in the circumstances. It had been satisfactory for 18 years. The Chief Justice said he could not accept the inference that the public had suddenly become dishonest because there had been three or four thefts lately. A more reasonable inference was that some care had been taken formerly and no care had been taken lately. He was satisfied that the present system under which luggage was carried on trams was wrong. There were things that might be done to improve the system, hut that was not tor the court to say. The respondent was allowed £lO 10s costs.