AFTER THE BALL.

Star (Christchurch), Issue 19817, 8 December 1919, Page 8

AFTER THE BALL.

A TAXI MISUNDER- • STANDING. CASE AT JdAGISTRATE’S COURT, It was alleged in a civil case which was heard before Mr S. M. M’Carthv, S.M., at the Magistrate's Court this morning, that the practice had become common of taxi-drivers “ butting in ” in front of a. driver who had been engaged by a fare, and leaving the other driver in tho lurch. The case was brought by the Rink Taxis, Ltd. (Mr O- T. J. Alpers), who claimed. the sum of £2 from George Alfred Oakley, taxi-driver (Mr H. K. M’Dougali). being £1 for a fare alleged to have been taken away from the plaintiff company and £1 damages. i Mr Alpers said that on tho night of June 26 a Miss Mills had engaged a taxi. from the Hink Taxis, Ltd., to take a party to Heath's ball at the Art Gallery. The party included Miss Robbins and Messrs Sharp and Twyford. On leaving the car at the Art Gallery, Miss Mills told Shadrack, the driver, that she wished him to call for them at 2 a.m. When tho party came away from the dance the defendant, who had possibly overhead the conversation, said, according to Miss Robbins's evidence, which was taken on commission at V/aiau, “ Are you the party from Opnwa! J Rink Taxis here.’’ She said “ Yes.” and they went away in defendant’s car. Frederick Edward Twyford. accountant. residing at Falsgravo Street, stated that tho party went to the Art Gallery in a taxi-cab obtained bv Mbs Mill* from tho Rink Taxis. Witness did not hear the conversation when they got into the car at two o’clock. When they readied Opawn witness remained in the car and was brought back to FaLsgrave Street. As lie was leaving tho car he «aid to defendant, “1 suppose yon will bo paid at the office.” Defendant replied, “ There is nobody to pav me.” Witness then said. 11 1 was told yon came from tho Rink Taxis,” and defendant replied. “ They couldn't come, and they asked mo to come for f’cm.” Witness then paid defendant £l. To Mr M'Don gall; He was the last to pet out. of the taxi, lea tin; it at Fals2rave Street, where the conversation took place. Miss M‘Ts had fold him that the car was to come from the Rink Taxi- for them, but «he did not tell witness that it was a Rink Taxis cor. Harry Shadrack, taxi-driver, formerly cninlovcd by Dirk Taxis. I.!cl,'said that on the mdit of Heath's ball he was instructed to go tn tre .art Gal lory at 2 a.m. to pick up Miss Milk's party". He did not know them bv sight. He wailed half an hour or longer, .and no one cave for him. He returned to the garage. l'i Mr M’Dotiepll ** He loft the garage in time to be at the Art Gallery sharp at two o’clock. There was no other car there when ho arrived. He supposed that the party left before he ar-

nvecl. Mr M’Doueall said that the amount : n dispute was very small, but the case as important. because the matter had '•crn reported to the City Council, and "non the decision of the Court depended whether defendant would he allowed t ; ' beep his license or not. There was •Iso n charge of fraud involved. n"d if ‘.his was proved the defendant could bo hold criminally liable. Defendant’s 'widence would ho a. dental that he had represented InWdf as acting on behalf 'T the Dink Taxis Ltd. The defendant said that on the night of Death’s dance he took about six~or seven couples to the Art Gallerv, hut he had no returns to make. During 'he evening Mr Hannafin. of Riccarton, a4ced him if he would take him out after the hall and witness agreed to this. Mr Hannafin told him that there was a party to go to Opawa and suggested that witness should take them oout before going out with him. ’When the party came out of the Art Gallery one of the young men asked him if his was ths car to take them to Opawa, and witness replied that it was. Ho did not spy at any time that he was connected with the Dink Taxis. Tho witness Twvfnrd paid him £1 when ho left the car at Falsgravc Street. To Mr McCarthy: He had not received any instructions whatever from the Dink Taxis. To Mr M’Doueall; Mr Twvford never mentioned anything about' tho Rink Taxis to him. To Mr Alpers: It was not unusual for ono taxi driver to do a ioh for another driver. It was snowing at the time and witness was tho only driver present. David Owen Hannafin, a clerk, slated that he was present at Benth’s hall wtili some friends. Ho saw Oaklev outArt , Gnl!oi T nt ono o’clock, ivlnle there ho heard some people saving thev were going to Mnnlstnn and he told On'-dev tba' if k o pt his eves open he would get a fare, Tho Magistrate c aid that ho believed that Twvford and Miss Dobbins bad given a truthful account of what had occurred and that the defendant had ’•enresented himself as coming from the Dink Taxis when he had no right to do so. _ However, the Dink Taxis had no claim against the defendant. The ease should have been brought by Twvford. Plaintiff would be nonsuited. Mr Alpers asked leave to appeal, but • ins was refused.