p.2 County Court & Quarter Sessions - Mr. P. Foreman vs The Canadian Inland Steam Navigation Company - This action was brought by the plaintiff a young man residing in Montreal, against the defendants, for being assaulted by the Purser of the Steamer Kingston, one of the vessels of the defendants, while the plaintiff was a passenger on her downward trip from Kingston to Montreal during the past summer. The plaintiff it appears bought and paid for a cabin passage ticket on board the Steamer Kingston for Montreal. Shortly after the vessels leaving port breakfast was announced on board, and as there was a number of passengers on board at the time, a general rush was made for the first breakfast. The plaintiff who with some others anticipated such action, early secured a seat at the breakfast table, and while discussing the meal, was assaulted by the Purser Charles Bush, who demanded three York shillings from the plaintiff for his breakfast, and on the plaintiff refusing, Mr. Bush took him by the neck and jerked him on the floor twice.
The chief evidence for the plaintiff was John Skinner, who saw the plaintiff purchase a ticket on the steamer Kingston on the 11th of August; the ticket was for a cabin passage from Kingston to Montreal.
Mr. Johnson deposed he knew Mr. Foreman and saw him at breakfast the morning alluded to, and heard the Purser tell plaintiff he must either pay for his breakfast or leave the table. Plaintiff answered he must be careful how he talked to passengers, whereupon the Purser jerked the chair from under him and he fell against the State Room door. After further evidence Mr. O'Reilly who was for the defendants, moved for a nonsuit on the ground that the action should lie against the Purser alone; also that there was no skilfulness or negligence in the act of the Purser; also that the declaration does not charge that the act was done within the scope of the Purser's duty, and the evidence does not show that it was within said scope for him to demand the ticket from plaintiff at the table.
Mr. Britton contended that the action must certainly lie against the Company, inasmuch as the act was within the scope of the Purser's duty for the performance of which the Company was responsible.
The Judge allowed the case to go to a Jury, and it occupied the time of the Court half the day, and resulted in a verdict for the plaintiff for One Hundred Dollars damages.
p.3 K.C. & M.
-Vessels Passed Through Welland Canal - Dec. 8.
-Imports - 10.