DAMAGED LATHE.

Evening Post, Volume LXXXIII, Issue 79, 2 April 1912, Page 2

DAMAGED LATHE.

PLAINTIFF'S CASE FAILS. Reserved decision was givoh to-day by Dr. M'Arthur, S.M., in tho case S. Luke and Co., iron founders, Wellington^ plaintiffs, versus the New Zealand Shipping Company, a claim for £40 for damage 'alleged to have been caused by tho negiigonco of defendant's feervants to a lathe' imported by plaintiffs.. From the evidence it api^earod that tho lalho had been landed and placed cm tho ivhtirf near the ship's bide, und thai v sling containing a nhoet of iron had swung and chipped a pieco out of the bed of tho. lathe." This accident was attributed to nogligenco on tho part of defendant conipany. It also appeared from tho evidence that tho winches wore not working bo smoothly aB they might have done. In his judginont, tho Magistrate quoted bylaw 101, which directs that all goods landed on any wharf . . . tire to bo ■placed as tho wharfinger direct*. "Hence, it appears to 1119," continued his Woi-bhip, "that the Harbour Board's ropfesontativc was respoubiblo for the position of tho lathe. Bylaw 115 bays that all goods landed at any wharf shall be removed therofrom or stored within three hours after being landed. This was not done, us the lalho had been landed between 'twenty-nine and tlu'rty hours beforo the accident happened." After touching briefly on counsels' contentions, his Worship said that it appeared clear that the ousting was placed in a dangerous position, where it wa6 liable to bo injured at any time by cargo which was being landed. The cargo was general, and slings of various nature wero coming out of the hold. Ho did not consider that the winches were in euch a bad way as described by witnesses for the plaintiff, otherwise that casting should have been, removed from where it was, and not allowed to remain thoro for nearly thirty hour*. The damage or risk to the casting was apparent from the position it occupied. Tho court did not think negligenco on the part of defendant had been proved. Jiulgmpnt w'ns entered for defendant.' Costs went with the judgment. Mr. R. Kennedy appeared for plaintiffs und Mr. M. Myers for .defendant, company.