LOST AT THE BAY.

Timaru Herald, Volume XCVIII, Issue 18084, 31 May 1923, Page 8

LOST AT THE BAY.

SWIMMER’S VALUABLES. BOROUGH COUNCIL SUED. Arising out of the disappearance of personal belongings ieit with the caretaker at Caroline Gay bathing sheds last February while a visitor went in for a dip. Mr JS. D. Mosley, S.M., was yesterday asßed to decide as to whether or not the Council was liable for the value of articles which disappeared. 'Uie plaintiff was r . Bolton, who was a inenioer ot ilie \i angauui ream whicn rooii part m the swimming cnampioiistups m Timaru in Lenruary, ami fie Wan represented by Mr W. D. Campbell, tne cleieitciants being tjie Mayor, council and Burgesses ot lunaru fMr h. B. if men). 'tne amount claimed was ,Ot-l 4s IM. Ham tin's evidence was given in Wanganui, and was to the euect that, he deposited his valuables with the caretaker before going into the water. Un returning the caretaker could not mid plainlnrs belongings, iiis property included one very heavy gold watch, a silver chain, a solid gold medal, a pocket wallet containing £4 in notes, and one return railway ticket to Wanganui value £1 Os 9d. Tile watch he valued at £35, but the sentimental value was much greater, as it

was a presentation watch to his father, now deceased. The gold medal plaintiff won at Dunedin, and was or the value of £3 3s. Plaintiff proceeded to give evidence as to practice which was objected to by cotuised for defendant. Further evidence , was given as to the value of the plaintiff’s belongings, a watchmaker estimating the value of the watch when new as £4O, and also to practice at other baths in regard to ihe deposit of articles, tlm property of bathers. Mr Finch formally objected to 1 the admissibility of the evidence as to practice. Mr Campbell • briefly outlined the facts according to plaintiff's evidence, and stated that the question was as to whether the Council was responsible for the value of plaintiffs missiing property. He contended that the Council was responsible as it was a business the Council was conducting. The receipt of valuables had been carried out

by them for years, and was incident to tlie business and calculated to enhance it. He submitted that goods had been taken in this way by the caretaker without protest or objection from the Council, and no one had been told that the articles were deposited there at their own risk. T. CJaughton, carpenter, Timaru, a former caretaker of the bathing sheds, gave evidence as to the custom of receiving bathers’ valuables while the owners were bathing. Some people asked for receipts which were not given, while others asked him to count the money which was not done as the caretaker had not time to do so. He had been put in chai'ge of much money, ,ie . c l lse £ 10() was left, in another 4/0, while watches, bangles, and so on vere always being handed in for safe keeping.. .H e considered this was an advantage to the bathing, and lie quoted cases of business people goinofnd n ie!° 1 ' a - bet ween expresses and leaving their valuables in the of--1 ad tin m ° pinion , of witness that iuri the valuaoles not been taken care o many people would not have gone "ld ) Vit,U:SS occasionally told bathers that lie was not responsible m any way for the articles handed * fr Finch , : lle dicl not give are ; e t oeeause he did not want to actopi any responsibility owners’ th ® Valuabies Were left at

THE COUNCIL’S CASE. vi“ r of£ h c s;r“,d S/tSnf 5 corporation, dealing: wifi, tr Q -'rß°v e f’ T St C ? niend no autlm 'l.O, specific or implied, had ever hi™ givento the custodian of the bathing Seis eS T, r ° Ceive liberty 11 o*? oatiieis. Ihe caretaker, be further submitted had not been guilty of negh gence. The plaintiff, on his own YdiS" smn was quite awire of the obv ous nsk of leaving his valuables in the office, and if he was prepared to leave £4O anrf f-tf) am ? unfc of between ri=ir o £ °/ thore ' vas bis own l.sk. Counsel contended that the care. taßer was the special, and not the aenCouneil ! anc! that he flL i? d u° lltsic -!r scope of his authority. \\ llliam Marshall, caretaker of the bathing sheds on the Bay, stated that on the day m question he was exuedmgly busy with life-saving competitions and two big picnics. He could not swear to receiving the articles in question, as lie had received from 150 to 200 articles in succession. He showed on a sketch where he put the articles he took on shelves in the office. He had an assistant that day, on account of the msh, and there v r as someone about the office all day. The side door of tbo office were always open. He had told many people that- he was .:ut isponsible for the articles. There had been a good deal of stealing about, - lie sin ds, and that lyas why he took the hies of bathers. He had received no authority from the Council +o uo so, and it was not in his schedule of duties He could not explain wdiat nappansd to ibo articles in question, and they wefc tbe first he had lost. To Mr Campbell: He conld not <r.v if the Council knew that tie y< < opted valuables. He had refused to take property from people who Lad f; lends outside. He was not prepared to say that the keeping of property pop iarised the Bay. He took the property of bathers to oblige the public. Mrs McDougall said she was employed assisting at the Bay shed 3 on the day in question. She was in the office all day, and saw valuables on the shelves. D. Virtue, Town Clerk, gave evidence as to the caretaker’s duties at the

bathing facilities. No instructions had been given the caretaker as to the receipt of valuables ,thought the matter had been dii*eusse.d in committee. To Mr Campbell: He supposed that the Council knew the caretaker was accepting the goocjs. He was never specifically told not to accept custody of goods. It was not necessary to explain that to a caretaker when he Lad no authority to take articles. Ihe Counoil had discussed the question ot providing lockers for valuables. Mrs Marshall, wife of the caretaker, cave corroborative evidence as \o the custom regarding the reception ot -aluÜb Counsel briefly addressed the I : i.ch and the Magistrate reserved ms cwci-