DAMAGES FOR LIBEL

Otago Daily Times, Issue 22545, 12 April 1935, Page 8

DAMAGES FOR LIBEL

DISMISSAL OF BOOT SALESMAN WORDING OF AN ADVERTISEMENT (Pee United Press Association) INVERCARGILL, April 11. Holding that the words “weed out” were prejudicial to the persons to whom they related and saying that there was no need for a firm to hit back harshly at somebody who had been in its employ, but stating that the plaintiff was only one of a number, Mr E. C. Levvey, S.M., to-dav gave judgment for the plaintiff for £SO, together with costs £8 Is, in an action for libel in which Benjamin Thomas Eastlake, boot salesman, claimed to recover £3OO as damages from John Kingsland and Co., boot importers. The action arose out of a newspaper advertisement which contained the following words: —“We have weeded out our staff and trained our assistants in the scientific fitting of footwear, and have now a service which is second to none in the Dominion and is yours for the asking at no extra cost to you.” The plaintiff, in, his statement of claim, alleged that the defendant meant thereby that the plaintiff had been discharged from the staff of the defendant company as being an inferior salesman and a useless employee and a noxious person. He contended that the publication was false and malicious. After giving judgment, his Worship fixed security for appeal at £2l on that amount and costs being paid into court.