APPLE SHIPMENTS

Ashburton Guardian, Volume XL, Issue 9292, 29 April 1920, Page 6

APPLE SHIPMENTS

APPEAL COURT CASE

(Per Press Association.)

WELLINGTON, April 27

The Appeal Court began the hearing to-day of the case W. H. Grove and Sons," Ltd., v. the Union Steam Ship Company. The case was removed by consent into the Court for determination aster evidence had.been taken in the Supreme Court. The question at issue arises out of the non-delivery of a cargo of apples from Vancouver for Auckland by the Makuva. The fruit was shipped on November 4, 1918. The boat arrived at Auckland on November 30, 1918. On account of the influenza epidemic on board the ship was quarantined. The Waterside Workers' Union declined to undertake to discharge the apples, and on December 7 the Chief Health Officer directed the defendants to proceed to sea. On arrival in Sydney the boat was quarantined and admitted to pratique on December 22, 1918. The engagement of the crew terminated at Sydney, and they were signed off owing to the shipping strike. A. new crew could not be obtained until January 16. The steamer returned to Auckland from Sydney on January 20, 1919, and i,he apples were landed' on January 2.1. The plaintiffs claim £1087 17s 6d damages due to the Joss of a favourable market. The defendants say that they landed the apples at the nearest port, as they were prevented from landing them before at Auckland; I that the contract and bill of lading were subject to the Water Carriage of Goods Act, 1910, exempting the defendants .from loss owing to strikes and for loss arising not by their actual fault or the neglect of them or their servants; that tho contract did not provide any date for delivery and the apples were delivered within reasonable time; that plaintiffs were to receive the apples immediately on arrival at port, and that the plaintiffs took no steps for receiving them; and ! that there were no facilities arid none were provided by' the plaintiffs to put the a'oples into' cold storage while the sTu'p was m Waitemata Harbour.