DEFECTIVE CARGO HOOK

Dominion, Volume 19, Issue 216, 8 June 1926, Page 13

DEFECTIVE CARGO HOOK

EFFECT ON SEAWORTHINESS OF VESSEL <l AN INTERESTING POINT Some months ago, when a motortruck was ueiug uutoaaed at the Auckland wiiarves irom tlie s.s. Fort Stephens tor Messrs. Inglis and Co. Ltd., ot Vvelliugtou. a cargo hook, by which the case was suspended, broke, and as a result. the truck tell on the wharf and was damaged to the extent of £479. The company brought an action against the master and owners of the vessel for recovery of that amount, on the ground that the defective cargo hook constituted unseaworthiness. Mr Justice MacGregor, before whom the case was heard in the Supreme Court, upheld that contention, and gave judgment for the full amount claimed. Defendants appealed, the decision as to unseaworthiuess was reversed, and the amount of the damage payable to Inglis and Company was assessed at £l5O. Yesterday Inglis and Co., for whom Mr. H. F. O’Leary appeared, applied before the Chief Justice (Hon. C. P. Skerrett) and Mr. Justice MacGregor, in the Court of Appeal, for provisional leave to appeal to the Privy Council, on the ground that, although the amount of the claim fell short of the neecessary £5OO, the point was one of general or public importance. Mr. A. W Blair, who appeared for the master and owners of the ship, opposed the application, on the ground that such a contention of unseaworthiness against a ship after its arrival in port was so unusual as probably not to occur once in twenty years. It could not, therefore, be said to be a case of general or public importance.. . In the absence of any authorities bearing on the question, and in view of the fact that the amount of the claim was less than the amount necessary for leave to appeal to be granted, Their Honours intimated that thev would reserve their decision, and place the matter before the other Judges of the Court The Chief Justice intimated also that the Court would be obliged to counsel if thev would aenuaint it with anv cases thev might find that had any bearing on the points at issue.