FUR COAT LOST.

Manawatu Herald, Volume XLIII, Issue 2335, 29 September 1921, Page 3

FUR COAT LOST.

OWNER SUES RACING CLUB

Louisa Emily Symons, 22 Oriental Wellington, proceeded against the trustees of the Wellington Racing Club (J. G. Duncan, W. 11. S. Moorhouse, and 0. S. Watkins) in the Wellington Magistrate’s Court on Tuesday, on a claim for the return of one musquash fur coat, deposited by her with defendants’' servants for safe keeping in the ladies’ cloak room at the Trentham racecourse on the first day of the winter race meeting. In the alternative she claimed £75, the value of the coat. Mr Toogood (for plaintiff) stated that the case was of some public in-' terest, nsjje believed other garments had been stolen from the cloak-room at the racecourse. He contended that the club was in the position of a gratuitous bailee, and as such was hound to exercise proper care, and was really responsible for the safety of articles left in the cloakroom.

In her evidence, Hie plaintiff said that she left the coat with the attendant, and received a ticket for it. She was not told by the attendant that the Club would not he responsible for any loss, neither did she see any notice on the walls to that effect. When she made a complaint to the club about the matter, she received a reply from the secretary to the effect that while regretting the loss of the garment, it was impossible to recognise the claim. The secretary also stated that all reasonable care had been taken with respect to garments placed in the cloakroom, that no charge was made, and that the public was warned by notice placed in the room that no responsibility could he accepted for loss of articles.

In reply to Mr Q’Leary (counsel for the defence), she stated that it would cost £75 to replace the coat.

The defence was that the club had notified the public that while all care would he taken, it would not he responsible for any loss; that in law the trustees were gratuitous bailees, and could not he held responsible foY the loss of the garment if reasonable care had been taken —such care as an ordinary person would take of his belongings. It was contended that such reasonable care had been taken, and that therefore the club could not he held responsible for the losij. Women attendants in the cloak-room,-giving evidence, told of the care that was taken to prevent coats going astray. An attendant was continuously in the room, and the present loss was the first known in eight years, Mr E. Page, who heard the ease, reserved his decision.