DAMAGED WIRE.

Auckland Star, Volume LVI, Issue 98, 28 April 1925, Page 8

DAMAGED WIRE.

SHIPMENT FROM U.S.A. SUPREME COURT CLAIM. . ACTION OF CAUSTIC SODA. A claim in respect of damage to a shipment of COCO coils of galvanised wire, alleged to have been caused by the corrosive action of caustic soda stowed nearby, was opened at the Supreme Court yesterday, before Mr. Justice Herdman. John Burns and Co., Ltd., importers and merchants, of Auckland, proceeded against the ship Westland, the amount of the claim being £7.534. Counsel for plaiutifl" informed his Honor that if the Court held the defendant liable, then it was probable that a settlement aa to ! the amount could be arrived at between J the parties. Messrs. Richmond and Holmden represented the plaintiff company, and Mr. A. W. Blair, of Wellington, appeared for defendant. The action was in the nature of a test case, since two other actions concerning the same shipment had been commenced, and it had been decided that ! this case should be proceeded with first, 'said Mr. Holmden. The ship Westland arrived at Auckland in March, 1910, with a shipment of galvanised wire, 300 tons of which were for the plaintiff company. The company's carriers reported that the wire was damaged, and ! before more was removed from the ship I some of the directors inspected the hold. llt was found that there were white incrustations extending over the surface of the wire throughout the whole shipment. Evidence would be called to show that drums of caustic soda had been stowed contiguous to the wire* It would also be said that at least one drum had been found with the lid oft', i and with some of the contents —about i 00lb —missing. Scientific evidence to be called would go to exclude all causes of the damage save the action of caustic soda. Two analysts would say that the incrustations were the result of caustic soda. The hearing of the action had been delayed through no fault of the parties. A great deal of time had been taken up in obtaining evidence taken on commission in New York and Chicago. This evidence went to show that the wire was in course of transit for about three months. The parties had no knowledge of the origin of part of the shipment, but they knew that more than half the shipment was manufactured by a certain American firm, and evidence had been given as to its manufacture, the care taken in railing it to the ship's side. "We say that the stowing of the caustic soda in such close proximity to the wire was negligent," said Mr. Holmden. It could only be conjectured that air currents had carried the powdery caustic soda over the wire. An analyst would say that I 101b of soda would be sufficient to cause the trouble. Briefly, the defence was that the wire was in a damaged condition, though not obviously so, prior to shipping, or. alternatively, that the damage was due to i exposure to moisture prior to shipping. In opening the defence this afternoon Mr. Blair said that it would be contended that it was due to the inherent poor quality of the wire, and the condensation of salt-laden atmosphere, caused by the variations of temperature while crossing the Gulf Stream, that [ damage had been caused to the coils. When moisture settled upon the wire it j rusted readily, because of its poor quality. Firstly, the defence was that caustic soda could not have caused the trouble, because the drums, it was alleged, arrived intact. Had the damage been due to the action of caustic soda other cargo put in the same hold would have been damaged, but in point of fact it was not. The trouble was caused by condensed salt spray. Some parts of the wire had muddy patches on them. Counsel suggested that this wont to show that, at one stage of transit prior to being shipped, the "wire must have rested on a muddy floor. The fact that the floor was muddy could be taken as an indication that there was moisture in the atmosphere.