DAMAGED WIRE

Dominion, Volume 13, Issue 255, 22 July 1920, Page 5

DAMAGED WIRE

CLAIM AGAINST SHIPOWNERS. By Telegraph-Press Association. Auokland, July 21. "A peril of the sea or an act of God," was alleged to be' the cause of damage to a valuable consignment of wire brought from America to Auckland in January, 1919, which was the subject of an action for damages heard by Mr. Justice Salmond in the Supreme Court this morning, wlren Spedding, Ltd. (Dr. Bami'ord), indent merchants, Auckland, claimed ,£228 1 os. 3d. from the Union Steam Ship Company (Mr. M'Veagh) Dr. Ilamford said the wire was damaged by salt (bilge) water while in transit on the barquentine lima. The question was whether tho defendant company was liable, For the plaintiff company evidence would bo led to show that when the vessel arrived tine wire was taken from the hold and was found to be very much corroded.

The defence was a denial tlmt any wire was delivered in a damaged condition, but that if the plaintiff company suffered any loss the same arose from dangers of the sea or acta of God. The ship had encountered a gale with a heavy confusod sea, which caused her to ship a good deal of water. The rolling and straining of the barquentine caused a fracture of tho cement lining of tho vessel, with the result that salt (bilge) water was "blown" or splashed on to the wire. Evidence wag given that tlio damaged wire, about 10 tons, w«,s sold by auction, realising .£255 Is. !)d., instead of .H-15.3 155.. which it would have brought if it had been undamaged, its market valuo being per. ton. Judgment was reserved.