DÀMAGES WIRE

Dominion, Volume 29, Issue 72, 18 December 1935, Page 16

DÀMAGES WIRE

Owners of Vessel Sued

negligence denied

Alleging that a quantity of wire it had ordered from Halifax arrived in New Zealand badly damaged by rust and corrosion, the Auto-Machine Manufacturing Company, Limited, Wellington, brought a claim for £661/13/4 against the owners of the vessel, the Canadian Merchant Marine, Ltd., in the Supremo Court, Wellington, yesterday. The Chief Justice (Sir Michael Myers) was on the bench. Mr. D. R. Hoggard appeared for plaintiff company, and Mr. C. Evans-Scott, with Mr. lan Macarthur, for defendant company. The case is set down for hearing on February 3. It was opened yesterday to enable two witnesses for the defence, who will not be in Wellington on February 3, to give their evidence. Plaintiff company alleges that defendant permitted the hold of the Canadian Highlander in which the wire was stored to become damp. The statement of defence denies the allegation of negligence, and says that If the wire was daaiagcil Dy rust an 4 corrosion when delivered to plaintiff company, then the wire, although in apparent good order and condition when shipped on board defendant company’s vessel, was then actually in a damaged condition on account of its having been exposed to water or other liquid or dampness before being delivered to the ship, but that the damage which subsequently became apparent as a consequence of that exposure, was not apparent at the time of shipment, and the fact that it was so damaged could not then have been ascertained by defendants.

Alternatively, defendant company contends that the damage developed after shipment as a result of exposure to water or other liquid or dampness before shipment or as the ; result of condensation of moisture on the wire due to changes in temperature.

For a further or other defence, it is set out that the bill of lading contained the following clause: “The carriers shall not be responsible to any extent for any loss, damage or delay arising from or consequent upon sweating, leakage, rust, frost, thaw, decay.” Defendant also relies on an endorsement to the bill of lading, which reads: “Unprotected, steamer not responsible for rust or corrosion.” It is-contended that if any damage occurred to the wire after shipment, it was caused through one or other of the excepted risks and in. particular by sweat, rust or corrosion. '