A CAPTAIN'S RESPONSIBILITIES
(Per Press Association.)
AUCKLAND, February 8
Judgment for plaintiffs was given by Mr Kettle, S.M., yesterday at the adjourned hearing of the case Win. Oook and Sons v. , Frank Hemming, master of the s.s. Eimutaka, in. which £20 was claimed for damage alleged to have been done^ ,by improper '.„ storage to a large cbil*-6f wife rope on the voyage from Liverpool to Auckland. His Worship said that on the question of fact he had no doubt that the wire was not properly secured at Sydney. He must assume that it was shipped in good order and condition, and the bill of lading, which said that it was shipped in "apparently" good order, must be taken as a statement on behalf of the captain. Authorities were cited holding that the captain was responsible for the storage of cargo on his ship unless the duty was specifically placed in the hands of some other person. In this case he had left the matter td the second, officer. The weather his Worship considered, was not so rough that an "act of God " could be pleaded, and it was in fact the duty of the ship's officers to anticipate such weather. Judgment would be for the plaintiffs, the amount to be_ left for settlement. Mr Richmond was given leave to appeal if he saw' fit on certain legal points.
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DAMAGED CARGO., Ashburton Guardian, Volume XXXIII, Issue 8789, 9 February 1914
DAMAGED CARGO. Ashburton Guardian, Volume XXXIII, Issue 8789, 9 February 1914
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