UNPAID TRAM FARES.

New Zealand Herald, Volume LIX, Issue 18281, 23 December 1922, Page 5

UNPAID TRAM FARES.

ONUS ON PASSENGERS. TEST CASE IN WELLINGTON. In the Magistrate's Court at Wellington this week, before Mr. E. Page, S.M., two defendants were jointly charged by the Wellington Corporation Tramway Department with failing to pay a far© on demand. Mr. Emery, who appeared for th© department, stated that thia case- had beer brought in order to get a magisterial ruling as to whether th© onus of paying a fare was on the passenger. Evidence was given by Inspector Dunn ; who stated that tho conductor in charge of the car on which defendants rode, went through the car making a demand for fares., and when witness vent through to checck the car he had to tap one oi the defendants on _ the arm before li€ would *ake any notice of him. Mr. Kmery further stated that it wa; .impossible for the conductor to go through /twut tremand individual fares from passengers because he would never get therr all collected, and that he understood in other centres where tram cars operated, it was the duty of passengers to tendei their faro when a demand was made by the conductor. Defendants stated that they neithei heard nor saw tho conductor go through the car. The magistrate held that a breach oi the by-law had been committed, and that defendants did not tender their fare aftei a reasonable demand had been made by the conductor. As this case was brought by way of a test, defendants would bt convicted and ordered to pay costs.