LOSS OF BARGE

Press, Volume LXXX, Issue 24271, 31 May 1944, Page 5

LOSS OF BARGE

* DAMAGE AGAINST CROWN

(P.A.) AUCKLAND, May 30. Alter a hearing extending over five days, the jury brought in a verdict for the plaintiff in a claim by Lawrence Harold Davcney, launch owner, for damages against the Crown. The case was heard before Mr Justice Fair, and the claim was for £2OOO general and £5lO special damages for the loss of the barge Hobscnville off Little Barrier last July, and also for £2 10s a day from January 26 to the date of the hearing. . In his summing up his Honour said it was assumed that the hirer of the barge warranted that it was in good condition, and fit and suitable for the purpose for which it was hired. If the jury was satisfied that the barge was in gcod condition, and If it was lost at sea without any explanation that satisfied them that this was not the fault of the bargemen, launch captain, or officials of the Public Works Department. then the plaintiff was entitled to recover. There was no evidence what was known ar "an act of God." Finding that negligence had been proved, the jury awarded plaintiff £1750 general damages, and £630 special damages. His Honour entered judgment for £2400, subject to s reduction in respect of equipment returned to the plaintiff at valuation determined by arbitration.