A TRAMCAR SQUABBLE.

Lyttelton Times, Volume CXV, Issue 16665, 25 September 1914, Page 4

A TRAMCAR SQUABBLE.

PASSENGER v. CONDUCTOR

CLAIM FOR DAMAGES

At the Magistrate's Court yesterday before Mr H. W. Bishop, S.M., T. Knight (Mr R-owe) claimed £5 damages arising out of an assault alleged to have been committed by J. M'Guffog, a tram conductor, who had thrown him off a Coronation Street car. Mr Rowo said that the conductor had violently thrown Knight off tho car, injuring him in several places. Ho did not claim heavy damages, but held that his personal'security had been vioiated. The Tramway Board had proceeded against Knight, who had been fined 10s merely for standing on tho platform, not being an employee of the Board. At the hearing it had been , alleged that the man had sworn at the conductor, and had been under the Influence of liquor, but no charges had been laid in those respects, and they were not substantiated.

Knight gave evidence that he was smoking when he boarded the back platform of the car at Cathedral Square on July 31. M'Guffog asked him to go into the cabin, but as it was full of women, and he was smoking, he declined to go in or give his name. At Cashel Street M'Guffog told him to go inside or get off, but as he had paid his fare he declined to go off. M'Guffog thereupon threw him violently out on to the ground, where he sustained minor injuries. To Mr Anthony: M'Guffog had dragged him out. He was quite sober, and had not used bad language. John Askey gave evidence that he had seen the assault. Stanlev Robinson, a bystander, said that Knight had heen thrown violently out on to the road near the gutter. For the defence, Mr Anthony said that Knight had boarded a moving car, and was under the influence of liquor, and as he would not leave tho car the conductor put him off. The Magistrate said that there was no justification for violence. The

tramway employees wore the servants, not tho* masters, of the public.

.1. M'Guffog gave evidence that he had not used greater violence than was necessary., and ho himself fell in putting Knight off. Constable Dorgan stated that Knight after the occurrence was under tho influence of liquor, but was not drunk.

The Magistrate said that he was bound to hold that unnecessary force was used. He would always uphold authority, but it must be exercised with discretion- Knight's conduct was annoying, but he must uphold the principle that people in authority must not use force. Judgment would be given for the plaintiff for 20s and costs.