IMPORTANT SHIPPING CASE.

Evening Post, Volume XLI, Issue 138, 13 June 1891, Page 2

IMPORTANT SHIPPING CASE.

» [Bt Telegraph.] [united press association. J Dunedin, 12th June. An important shipping case, Spedding v. New Zealand Shipping Company, was decided to-day by Mr. Carow, E.M. The plaintiff presented a bill of lading, but the Company refused to give up possession of tho goods till a claim for freight amounting to .£44, had been paid. The plaintiff paid under protest and now seeks to recover the amount. The Magistrate held that the bill of lading showed there was a debt due for freight from tho time the goods were shipped ; consequently a lien attached from the same time. If tho debt was paid tho onuß of proof lay with the plaintiff. There was no provision in the bill of lading to support the defendant's contention that there was an extra charge when the freight was payable in the colony. As to the rate of freight, he took the company's printed freight rules as a guide, and could do nothing a1;a 1 ; to the measurements but accept tho plaintiff's admissions. As to the plaintiff's claim for delivery of pianos under a bill of lading, he held a through bill of lading from Hamburg to New Zealand, which the company declined to recognise, except on payment of freights. His Worship held that there was no evidence making tho company a party to the bill or bound by it. Their contention that they merely acted as common carriers between London and Dnnedin was a good defence. Judgment would be for the plaintiff on the first count for .£l7, and for tho defendants on the second count.