Insufficient Evidence as To Bailee and Alleged Gross Negligence An action for damages arising out of the loss of a trumpet was heard by Mr, C. H, Haines, sitting as acting Assistant Judge, in' H. M. Supreme Court yesterday. The case came up on adjourned return day proceedings, the plaintiff Mr. I. K. Sherman, a musician, claiming compensation from Charles Antony of the Olympic Circus band, The action was dismissed and no costs were involved.
At the outset Mr. Haines pointed out to plaintiff that his only recourse lay in an action for damages' for alleged negligence of defendant, resulting in the loss of the instrument To succeed in the action plaintiff would have to show that defendant had charge of the instrument, was the bailee in fact and secondly that he did not exercise the ordinary care in looking after it. The court Mr. Haines explained, was empowered to allow the writ to be changed accordingly if plaintiff decided to proceed with the case.
At plaintiff's request the case was dealt with as an action for damages. Plaintiff asserted that $600 was the value of the instrument, but could not furnish any witnesses to support his submission. He declared that defendant had left the instrument in the band stand and had not taken it home as they had agreed.
Defendant denied the existence of any such agreement and said that there were two watchmen in the circus at night and went on to say that his home was in the circus and therefore, plaintiff's contention that he should take the instrument home would not be applicable, He also contended that he had got the instrument from another musician: and not from plaintiff, In dismissing the case Mr. Haines remarked that there appeared to be some conflict between the witnesses who testified previously. On the whole it was more likely he said, that defendant was using another trumpet and not that of plaintiff, There was considerable question as to.whether he was in fact that bailee, Even if he was the evidence of the Presence of the watchmen would not Support plaintiff's contention that defendant had been guilty of gross neglect in not taking proper care of the instrument.
Seven Years for Robbery Convicted of robbery, Tai Ching. tsai was sentenced to seven years' imprisonment yesterday by the First Special District Court. Tai was one jot the three robbers who broke into Mr. Sheng Ching-hai's home at 4731 Robison Road on October 26 and ran away with $98. He was arrested by the Pootoo Road police who are still looking for his accomplices.
Text read from the printed page and cleaned; old type leaves the occasional error.