AN APPLE SHIPMENT

Dominion, Volume 13, Issue 251, 17 July 1920, Page 8

AN APPLE SHIPMENT

OVERCARRIED DURING EPIDEMIC UNION COMPANY MUST PAY FOR DELAY TEST CASE IN COURT OF APPEAL In a judgment delivered yesterday, tho Court of Appeal ordered the Union Steam Ship Co. to pay W. 11. Urove and Sons, Ltd., fruit merchants, of Auckland, tho sum of JS37 17b. W. as damages lor tho over-carriage of a. shipment ot apples during the iuiluenza epidemic of 1918. The action was a test ease, and the judgment decides tho fato of claims amounting in all to something like X'll,ooo. Tho apples destined for delivery to Grove and Sons were shipped to Auckland from Vancouver by the Makura. When tho Makura readied Aucklund influenza was raging at that port, and the vessel had to go into a quarantine anchorage. She. sailed to Sydney without unloading her Auckland cargo, but at tho Australian port also sho encountered unforeseen difficulties, and these delayed by nearly two months her return to Auckland. Thus the favourable market for imported apples was gone, and the consignees incurred loss. The Chief Justice (Sir Robert Stout) held that there was nothing in the bill of lading that authorised the vessel to leave Auckland and proceed to Sydney without lauding the goods at tho former port, Tho plea that the. vessel was in quarantine and was, therefore, unable to unload was invalid, because the defendants were informed that the goods could bo landed, though there had been •some delay, and there might be further delay. The defendants choso to dispatch the 'Makura to Sydney without availing themselves of tho opportunity to land the goods by .means of a lighter. Mr. Justice Chapman also considered that there was nothing to prevent the Makura from staying where she lay until tho goodis could bo landed. In the circumstances, however, the defendants elected to send, the ship to Sydney because apparently they judged that that course wouW entail the slighter loss. , Mr. Justico Cooper concurred, and judgment was entered for the amount stated above, with interest at the rata of 6 per cent., and costs on the highest 6cale.