Resident Magistrate's Court. Monday, December 17th. Graham and another v. Jones.

Daily Southern Cross, Volume V, Issue 258, 18 December 1849, Page 3

Resident Magistrate's Court. Monday, December 17th. Graham and another v. Jones.

This was an action to recover the sum of £3 7s. od., as damages sustained by the leakage of a cask of rum, consigned to the plaintiffs from Sydney, per "Sarah," caused by the knocking in of one of the head-staves of the oask, by which the, whole contents (50 galls. B, P. rum) were j lost. Mr. Merriman appeared for the plaintiffs, and Mr. Whitaker for the defendant. The evidence gone into was principally on the questions of the strength of the cask, the value of 'dowelling' in cooperage as giving strength, and the stowage of the cask in question, Mr. McFarlane and other witnesses were called by the defendant, and expressed their opinion that this cask was inferior to the description usually adopted for spirits and that even the heat of the sun in one day's exposure on deck would have caused the stave to warp, and render it liable to be pressed, in with the slightest weight. Evidence also being funusbed that the cask was weli stowed, The Bench said there appeared nothing in the evidence they had heard to attach any blame to the defendant ; and they must, therefor:, give judgment in his favor.