AN INTERESTING CASE.
[from OUR ,OWN CORRESPONDENT. '" Thames, Saturday. In , the R. M. Court to-day a case was heard which i 3 of peculiar interest to masters of steamers who are in the habit of towing small boats. In this instance a surveyor named Joseph Dreyer sued Captain Fernandez, of the p.s. Te Aroha, for ""he sum 0f.£51 19s, which was the alleged value of certain surveying instruments and . other articles that were lost through the capsizing ot plaintiffs boat whilst being towed by the Te Aroha. It appears the plain tiff agreed with the mate of the steamer. whilst at Hikutaia landing to have his boat, which contained himself and an assistant, together with the lost goods, taken in tow and brought on to the Thames. All went well until Tur was ; reached, but at that place • a schooner was taken in tow, of which fact the occupants of the boat were not made aware. The consequence was that as soon M the steamer moved ahead the towline of the schooner got undorneath the plaintiffs boat, with the result that -, the boat was . capsized and its occupants and contents were thrown into the water, the most of the latter being lost. The defence set up was that Captain Fernandez was unaware that be was towing the boat, and consequently it was unfair that he should be held responsible, and that the plaintiff was guilty of considerable negligence in nob freeing himself of the tow-line. The . evidence showed, however, that defendant must have been aware' of the boat being in tow, and that the plaintiff could not have saved . himself from , : the accident, having received no intimationi that the schooner was about to be towed. Moreover, it was pointed out by • Mr. Miller,; the plaintiffs solicitor, that the mate's knowledge was the Captain's knowledge, so that even if the latter had hob been aware of the towing of the boat, Ihe was- still responsible. Judgment was given for plaintiff for the full "nouns claimed, together with £10 9s posts. Air. c. E. Purchas appeared for pe defendant. . . . l
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Bibliographic details
New Zealand Herald, Volume XXVII, Issue 8199, 10 March 1890, Page 5
Word Count
348AN INTERESTING CASE. New Zealand Herald, Volume XXVII, Issue 8199, 10 March 1890, Page 5
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