MISSED THE STEAMER

Evening Post, Volume LXXXVI, Issue 2, 2 July 1913, Page 8

MISSED THE STEAMER

£ ISLAND FRUIT LEFT BEHIND .UNION COMPANY NQH! RESPONSIBLE. r A dispute of considerable interest to Hhe mercantile community was the sob- - ject ; of a jndgment given by bis Honjour &c Chief Justice (Sir Robert '\Stoui) at the Supreme Court to-day. !lThe, ptamtiffs were Carrl Kobn, trader, '-[oi Rattrtonga, and a number of New • Zealand produce merchants, who had with Kohn for the sbip-'-fing of fruit. The defendants Were the J^lmion Steam Ship Company, the owners t>f ' the steamer Madtai. f f " Dftring the hearing of the case, it transpired that Kohn traded in fruit "and other produce, and exported fruit "from Raxotonga to various merchants fin New Zealand. On February 21st, it was alleged, Kohn delivered to "ihe- Union Steam Ship Company fruit '^for conveyance from Rarotongit to ports £&} Hew, Zealand. The fruit was delivered m ample .time to be shipped by £the Maitai, sailing 22nd February, but ;J|he company failed to effect delivery a reasonable time after 22nd "Owing %6 this faihire, Kohn the other plaintiffs claimed thai suffered damage amounting 7io £1022 9a, which amount they sued ffor. As an alternative cause of action, and the other plaintiffs alleged fiha#"ttie Union Steam Ship Company Jhad contracted, to carry the fruit by the vMaitai, and had issned shipping notes tin "respect of "this contract. This con--'feac^ had not been fulfilled, and" plainthat the non-fulfilment was lowing .to the unseaworthiness of the : l : The defence denied liability, their ari'gument being that the shipment of fruit 'was subsidiary to their being able to the terms of the mail contract. ■AH reasonable efforts had been made ,r*to load thp fruit, but the rough weather "iiad made this impossible of accomplish--inent. "£ The Court, when the case was being •jf^nssrd'," mn&aalty agreed that the only *,-qaestic3i for the jnry to decide was ihe 'SamoriM of damage, and after half an .•"hoar's retirement the jury assessed the -rtorigmal value of the damaged fruit _as T4b a case, making a total of £836 llsl ';'' Jn his judgment, his Honour said the alternative claim that the Maitai was Tiuise£Viwrt«hy was , ■£he one mainly relied 'On. Tire uneeawoitliiness alleged was '4ba&. th» vessel could not, steam more "inaii 'twelve knots. The failure to steam ,a\, a. greater speed than twelve r knots was at Urst thought to be /growth on. "ilia "bottom of the vessel, but this did not appear to h&Ve been the cause, and the exact cause was not detennmed. It might have been dive to adverse currents or some other reason undisclosed. These was so complaint against the company as to anything that happened to that portion of the fruit shipped, which -was earned, and arrived in about the usual time occupied by the voyage from Rarotonga to WeDing4on. The point -was that the steamer was delayed on her voyage through not, steaming over twelve knote an boor. la bis Honour's oj/hhoii tfa» <v*as not "nnseawortbinesß " m the present case. It was well known that the steamer «ac a Royal mail steamer, and that the requirement of the mail service did not, permit of bra* spending an, indefinite tkne a£ the pert of caU or to TetiEßn to a prat after she had been driven away by bad weather. The-con-ditions as to the receipt of goods expressly stated that fee requirements of lie mail service w>ero to be an exception. The conditions also stated that, the company was not responsible for goods lying on the wiiarf awaiting/ shipment"lt is no doubt htod lor the piaintiffc," conduded his Honour, "but if they intend to make the company Sable in fotorecaeee there will have to be either an alteration m the mail contract or else some express statement to make the company liable If their steamers are from any cause late or anaMe to receive icm board the goods offered." Judgment wae given far the defendant company, with costs according to scale, second counsel being aßoved £8 8s per <la^ £15 16s for the second day, and iwifcne66es' expenses and disbarsementß ,afeo being aflowed. flfe. C. B. Jftriaon, K.C., with him Mr. AJ Fair, appeared for plaintiffs, and Sir John Find Jay, XX)., with bin Mr. P. Levi, for the Union Steam Ship Company.