CLUB SUED

Otago Daily Times, Issue 23220, 18 June 1937, Page 7

CLUB SUED

CAR PARKED IN RACECOURSE THEFT OF SPARE WHEEL QUESTION OF NEGLIGENCE (Per United Press Association) CHRISTCHURCH, June 17 A claim against the New Zealand Metropolitan Trotting Club for £8 8s 6d, the value of a spare wheel and accessories stolen from a car parked on its grounds on March 27, was heard in the Magistrate's Court this morning before Mr F. F. Reid, S.M. The plaintiff was A. B. Wanty, for whom Mr M. P. Bales appeared, and Mr A. W. Smithson appeared for the Trotting Club. The plaintiff claimed that he parked his car and paid Is for a ticket. When he returned to his car in the afternoon he found that a spare wheel and accessories were missing. These, it was claimed, were lost " by reason of the negligence or want of care or other default of officers of the defendant club." The amount of the claim included £1 for a lock appliance. The facts were admitted by the defendants, Mr Eales said, and his case rested on whether or not payment of Is established a bailment. He quoted numerous authorities to support his case, including the " fur coat case " brought against the Wellington Club in 1922. There was only one notice on the ground, directing cars to the parking place, Mr Eales saicl There was no notice disclaiming responsibility for loss or damage, nor was there any disclaimer on the ticket. When he discovered his loss Wanty looked for an attendant, but could not find one. When Wanty told the secretary of his loss, the secretary seemed surprised to hear that there were no attendants on duty. This, Mr Eales claimed, was evidence of neglect. "As the matter is one of considerable interest, I propose to reserve my decision," the magistrate said.