DAMAGES CLAIMED.

Manawatu Standard, Volume L, Issue 115, 11 April 1930, Page 2

DAMAGES CLAIMED.

ALLEGATION OF LIBEL. Per Press Association. CHRISTCHURCH, April 10. A claim for £2OO damages for alleged libel by George AVilliam Goodge, a taxi-driver, against the Sun newspaper was heard by the Magistrate-, Mr Young, this morning. The case arose out of a report of a by-law prosecution in which Goodge was fined 5s for being asleep in a taxi. The statement complained of was: “Tired taxi-drivers are evidently one of the products of competition among taxis in Christchurch at present. George Goodge may not have been ‘out on the booze’ on November 18. but he certainly was asleep in his cab on the railway station stand so Mr E. D. Mosley, S.M., fined him 5s and costs for the offence.” Plaintiff claimed that the meaning of this was that the plaintiff on November 18 might have been indulging in intoxicating liquors and fallen asleep in his cab from that reason. He also claimed that through the action of defendant ho had been much injured in his credit and reputation. Further, lie was the secretary of the Blue Star Taxi Association, and the words complained of had been extremely detrimental to him inasmuch as liis livelihood had been, and was, seriously affected. Mr J. K. Maloney appeared for the plaintiff. Mr J. D. Hutchison, for tho defence said that the libel was admitted. The only question was the amount of damages. In evidence, plaintiff said that on January 20 he had been fined 5s for being asleep in his car in the Court. The chief traffic inspector had stated that there was no evidence of liquor in the case. On the date that the Sun had published the item complained of, tho Mt. Cook Alpine tragedy occurred. In the later editions the words “on tho booze” were altered to “out Into.” About a week later he had visited the Sun office and interviewed the publisher and manager. Both had said they were sorry for what had occurred, and had offered to publish an apology, but he had' contended that it was too late. Mr Hutchison said that the defendant made no attack on G-oodge’s habits. It was a most unfortunate blunder that the words had appeared, and was one that might happen to any evening newspaper. As soon as it was noticed in the first issue it had been amended. From the time of the publication tho defendant had been pnxious to give a full apology, _but plaintiff had not wanted it. Fifty pounds had been paid into court, and he submitted that the amount was a generous estimate of the damage suffered by plaintiff. The Magistrate said that, considering the nature of tho statement, he thought tho offer of an apology, and the amount paid into court, was adequate. Judgment was given for the plnintiff for the amount paid into court, £SO, and for the defendant as on the balance of the claim. Defendant was allowed costs.