PUBLICANS IN COURT.

Stratford Evening Post, Volume XXXVII, Issue 57, 7 November 1913, Page 2

PUBLICANS IN COURT.

A cCAIM DISALLOd/VED. * • vs*.!. ko ~

Last week at the Court the bulk of die evidence was heard in the case R. Morrison v. F.'-Rhodes, a claim for £1 15s fov hire of a gig .on April Ith, 1913. .Rhodes’ car brokg.down at Poko/ hnd to enable ' him 'to 1 get to on Toko Road he,gqt,Morrison to drive'him there in his gig. Mr Macalister appeared for plaintiff .mid Mr R. Spence fori defendant. This morning the only evidence for the defence’ was given by Frederick Dunlop, who stated that after it was found,.thatj, .the. jinotor ( car. not go* Morrison. drove up in his Jgig > froig Toko ,Road.' After the usual greetings Rhodes said: “You had better take me down to Husilf’s. About an hour afterwards witness got the car going and went along to pick up Rhodes. The distance could bfe driven in twenty minutes.

The S.M. said he thought the charge of £1 5s was excessive. It was owly a twenty minutes’ -trip, and plaintiff had liis horse in the- trap at the time. Of course, plaintiff was not a stableman. 1 arid' the trap was'specially used. .The least plaintiff could have done would have been to have made a statement at the time that he intended, to make a charge. In all the circum-

stances he (the S.M.) was inclined to the view advanced by Mr Spence that Morrison had not thought of charging until after lie had been sued by Rhodes. At the previous sitting, plaintiff had said he would produce his books to show that he had made an entry of the service, but that morning ho had not done so. If the book had been produced and showed an entry at or about' the time of the service it would have boon strong evidence of intention to charge for the service. In all the circumstances he must hold that plaintiff was not entitled to recover.