APPEAL ALLOWED IN BENZINE CASE

Stratford Evening Post, Volume III, Issue 3, 10 March 1934, Page 3

APPEAL ALLOWED IN BENZINE CASE

MEASUREMENT OF SUPPLIES TO SERVICE STATION A decision of interest to service station proprietors win: delivered in tlic Supreme Com - ! ill Pulmerstoii North lust week, win n Mr .Justice "Blair reversed the decision ol" the magistrate in the recent ease between .1. 11. Bodle. service station propria tor, and the Vac mini Oil Company Proprietary, Ltd. The case arose over an alleged over.pe.yiiienl for' benzine supplied by the company, due to the use of measuring rods "wi'oa;.,fiiily and falsely c nlibratod," as slated in the original < kiinr by Mr. Bodle. In reversing the decision of the magistrate, who h:ul found in favour of Bodle, Mr. Justice Blair gave a. lengthy description of (he proce.-s o: measuring the contents of a petrol tank. He said thai there was no defi nite proof of erroneous calibration tor measurement | at any pai'ticular poim of time between August, ID-'', -nd May. 1932. Concerning the magistrate's statement : "1 V opin'on thi re is no doubt (hat the methc 'I of calibration favours the oil companies." the judge said that with the facts before him he could not arrive at any oilier than an opposite conclusion. The result could easily be and in nianv cases it would be a g:v-n instead of :i 'l„ss to respondent (Bodle). Another statement in the magistrates judgment, "Even on the company's own figures he has been ..'lich-rsup plied," Hie jitdg- said: "No! only was there no evidence to support such a finding but the contrary is the ea.se. Tile appeal was therefore allowed with costs, and judgment was directed to be entered in 11 1*• Magistrate .- Court for appellant with costs in that court.