MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2702, 23 February 1916, Page 9

MAGISTRATE'S COURT

CIVIL BUSINESS LIABILITY OF SHIPOWNERS An important point of law regarding tho liability of shipowners was involved in a Magistrate's Court case, in which reserved judgment ,ivas delivered by Mr. W. 6. Riddell, S.M., yesterday morning. , The parties -were James Smith Fox, storekeeper, of Okato, aear New Plymouth, plaintiff, and the Union Steamship Company, Ltd., defendants. At tho hearing Mr. H. F. Von Haast appeared for Fox, while Mr. 'P. Levi appeared for tho defendant company. The facts were that in August last some thirty sacks of grass-seed were shipped at Lyttelton to ho delivered to Fox at Okato, but the Union Company delivered only 0110 sack. The steamer Corinna, which was carrying tho cargo, struck Barrett's Pteef on August 5, and a leak was discovered in the fore part of tho vessel. She put in to Glasgow Wharf, Wellington, where a quantity of the cargo had to be discharged, including tho grass-soed. Acting 011 tho advice of Lloyd's Surveyor, the defendant company disposed tain of tho cargo by auction,' and Fox'.; damaged grass-seed realised 30s. net. The defendant company did not advise Fox of the intention to sell, but it was admitted that tho company acted in what was then .considered to be the best Interests of the consignees _ of damaged cargo. Having only_ received one sack of grass-seed, Fox claimed £90 3s. od. by way of damages for the 29 sacks sfliort-delivered. On behalf of the defendant company, it was submitted that the condition of I,lie cargo did not warrant any attempt to dry it, and that the course adopted (quick sale by miction} was the only reasonable method of dealing with the cargo. Mil© Magistrate was of opinion that tho circumstances warranted tho salo of the damaged grass-seed with some urgency, but he also thought that, with reasonable expedition the defendant company coulcl have communicated by telegram with • Fox 1 and advised him of the position. Tho failure to do this deprived Fox of an opportunity of agreeing to the proposal to sell or of dealing with his property in some other way. Defendant company was . liable for damages, hut the ostimato of the amount was by no means an easy matter. Tho Magistrate fixed tho amount at £21 10s. (including 30s. paid into Court). .Judgment was accordingly given for plaintiff (Fox) for this sura, together with costs, £10 17s.

UNDEFENDED ..CLAIMS.

Judgment by default was given for the pjaintiffs in tlie following undefended civil claims:—Robert Martin. Ltd., v. Hugh Greig, 155., costs 55.; Empire Loan and Discount Company, Ltd.. v. Walter L. Cole, £27, costs £2 . 155.; same v. same, £15 Os. 6d., costs £1 lis. 6d.; New Zealand Farmers' Co-operative Distributing Company, Ltd., v. W. D. Thomson, £1 12s. 9d., costs 75.; Public Trustee v. John Whitton, £28 155., costs £8 35.; John Duthie and Company, Ltd., v. Gotleib Grumwald, £3 195., costs as.; J. S. Benge v. J. Wilson, £1 10s., costs 55.; James Smith, Ltd., v. IT. Woolcott, £22 6s. Sd., coste £2 145.; A. W. Blair v. H. L. Smallman, £10, costs £1 3s. 6d.; A. Waterworth y. A. Stanley Parrington, £15, costs £110s. Gd.; P. Havman and Company v. Mrs. A. W. Jackson. £8 os. or!., costs £1 Bs. 6d.; B. L. fiart and Company v. V. L. Fairbrother, £29 14s !)d., costs £2 145.; William" Edward Butler v. Sidney H. Reid, £9 10s., costs £1 10s. 6d.; P. Hayman and Company v. F. S. Cooze, costs Bs.; Jrio. Alexan« der May v. Jno. Wheeler, £9 Is. 3d., costs £1 3s. 6d.; Preston and Company v. T. Park, £3 65., costs 10s.; Lettio Maud Fitzgerald t. Alice Pearce, £2 45., costs 10s. JUDGMENT SUMMONS. _ In the judgment summons case, William Campbell, Ltd., v. A. M. Eraser, the defendant, jyho-did not appear, was ordered to pay £1 6s. 2d., on or before Mareh 7 next, in default to undergo 24 hours' imprisonment. DEFENDED ACTION. After partial hearing all adjournment until Monday afternoon' was granted in a case in which the parties were: —Antonio Dellnbarna, Francesco Cataklo, Luigi Dellabarca, and Salvatoro Greco, fishermen, of Rona Bay, plaintiffs, and the . New Zealand Trawling and Fish Supply Company, Ltd., fish merchants, of Wellington, defendants. Mr. G. G. AVntson appeared for the plaintiffs, while Mr. Douglas Jackson appeared for tho defendant company. The claim was for £12 19s. oil., for fish sold and delivered in December last. Defendants resisted the claim on the ground that some of the fish were condemned as unfit for human consumption. There was also a counter-claim for £10, alleged to have been overpaid on a previous lino of fish. POLICE CASES. Police cases were taken before Mr. D. G. A. Cooper, S.M. Daniel M'Randle, for d runkeniiess, was fined 10s'., with the option of 48 hours' imprisonment. Threo first-offending inebriate* wara loniantly treated.