STORAGE OF APPLES

Dominion, Volume 15, Issue 182, 29 April 1922, Page 8

STORAGE OF APPLES

AN APPEAL ALLOWED. In the Court of Appeal vesterday the appeal of the Aurora Trading Co. and K. B. Jackson, v. the Nelson Freezing Co., against the judgment for th© fendant m the lower Court was allowed On May 26. 1920, the plaintiff. R. B. Jackson, placed in defendant’s cool stores certain apples: for forward delivery to the plaintiff company, notice being given to the defendants that the apples were the plaintiff commanv’s property. , The apples were- in good condition when stored, but subsequently were brought out and were found to be spoiled. The action brought in July. 1921, against the defendant company was for .damages for negligence and breach of duty, but judgment was found for the defendants. The evidence showed that plaintiff had placed another 2000 cases of the same apples at the same time in Grainet's cool store at Acrolebv. and those when taken out of store in November. 1920, were found to be in excellent condition. Three hundred and sixteen eases taken out of defendants’ store had bad to be rejected, and a quantity of the rest was spoiled. The defendant company had also allowed abeuit £l3OO to other owners of apples stored in the same room. The appeal was allowed, the case to be remitted to the Supreme Court for tho fixing of damages and costs. Alessrs. Atyers and O’Leary represented the appellants, and Alessrs. Skerrett and Hayes the respondents.