A LOST KIT BAG.

Poverty Bay Herald, Volume XLVII, Issue 15222, 21 May 1920, Page 5

A LOST KIT BAG.

• — • ' ■»»■ «-.».•* JUDGMENT AGAINS^ EXPRESS COMPANY. J Judgment was '.dellyered by Mr J. S. Barton, S.M., at the Magistrate's Court this morning, m the case of Hakopa RaWhira (Mr Burnard) v. the Now Zealand, Express Company (Mr. Stock), . a claim for £21 Is 6d, the- value of a kitbag alleged to have, been delivered to. def^n-' dant company for carriage ' to Gisborne ,from Auckland. '„- - .•• ,-.- ' „., • > The decision m effect states 'that the plaintiff, a . returned • Ma>ri, soldier, sued the defendant company for the value oi'a kitbag and contents said to have been delivered into the hands of- the defendant company for transmission -to Gisborne from Auckland. Tlie kitbag, after a 'lapse 'of .-12.m onths,:-, still remains -undelivered.. It had. been left by .plaintiff . with the Defence authorities m Auckland, who pbt tamed the receipt of the , defendant comoany for a list .. of bags, . including the bag m question. An application by iii. Stock, counsel, for the defondant company! For non-suit on the grounds that there was no privity of contract between the parties to this' - action,, fail*- because ruivity of contract is not alleged by plaintiff, nor is he obliged to allege same. The defendant company bad evidently received the bag while ateting . m 'the capacity, of bailee, and apparently lost it, or m , any caso, was Unable to deliver it, and m such circumstances was liable for the value, and judgment was for the plaintiff for the ■full amount claimed,' £21 Is 6d, with total costs £7 4s 6d.