Nesbit Antoine Appellant v Elsa Mason (an infant by Carmen Mason her next friend) Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeLOUISY. J.A. (Ag.), ST. BERNARD, J.A.
Judgment Date07 Sep 1972
Neutral Citation[1972] ECSC J0907-1
Docket NumberMagistrate's Civil Appeal No. 2 of 1972
[1972] ECSC J0907-1

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Louisy(Ag.)

Magistrate's Civil Appeal No. 2 of 1972

Between:
Nesbit Antoine
Appellant
and
Elsa Mason (an infant by Carmen Mason her next friend)
Respondent

Ovid C. Gill for Appellant

J.J. Copland for Respondent

LOUISY. J.A. (Ag.)
1

This is an appeal from a judgment of the magistrate of the Southern District. The respondent sued with the consent of her mother Carmen Mason for damages from the appellant for (1) trespass to her person and (2) damage to her dress. The learned Magistrate gave judgment for the plaintiff in the sum of $75 and costs totalling $42.32. Against this judgment the appellant has appealed, and there is only one ground of appeal; the ground is, that the decision of the learned magistrate is unreasonable and cannot be supported by the evidence.

2

The facts are that Elsa Mason, that is the Respondent, is a domestic servant. She is 15 years of age, she lives with her mother at Gouyave Estate and on 15th August last year the appellant went to Gouyave Estate to look for a girl whom he had arranged to work with him. The girl had just had a baby and she was unable to go to work. The appellant saw the respondent in the same area and asked her whether she wanted the job and she said yes. The respondent's mother was there and after speaking with her the respondent left by car with the appellant for Happy Hill where the appellant resides. She worked for that day; I think it was a Sunday and she slept there. She stayed in the servant's quarters but on the following day, for some reason or other she went back to her mother's home. She returned on the Tuesday for her suitcase; as she entered the house she saw the appellant there and she greeted him but he did not answer. So she went inside of the servant's room, she said the same time the appellant came in behind her and pushed her down on the bed and told her let us do the little thing, let us do the little thing quick and make haste we would not stay long. When he pushed her she screamed and ran outside, then he told her to walk in and take the suitcase, and walk out. So she said she went inside the servant's room to take the suitcase and when she picked up the suitcase the appellant grabbed her by the back of her dress, and when he grabbed her the dress got torn at the back. She left and went by the gap with her suitcase...

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