"BOILED" BANANAS A QUESTION OF LIABILITY.

Evening Post, Volume LXXXVII, Issue 72, 26 March 1914, Page 8

"BOILED" BANANAS A QUESTION OF LIABILITY.

Part of a shipment of. Cook Island bananas was the subject" of litigation heard by Mr. W,. G. Riddell, S.M., today. Griffiths and Co., auctioneers, sued the Union Steam Ship Company for £45 17s Id, representing the actual loss on 151 cases of bananas, which arrived at Wellington by the s.s. Tahiti in December last. The plaintiffs were represented by Air- A. Blair and the defendant company by Mr. E. Levi. 1 The plaintiffs claimed that the fruit, which passed the fruit inspectors at Rarotonga, was in good order and condition when shipped. The fruit, it was contended, was stowed in the 'tween decks, between Nos. 1 and 2 holds, and was so defectively stowed that it was overheated, and became damaged to the j extent of the amount claimed. The j fruit was "boiled," or baked. W f hen landed it was the orthodox green, 'but hot and, quite soft. When it got cold it became black, with the result that the fruit was watery and pulpy, and was sold through another firm of auctioneers at a very low figure. Much of it was useless for the purpose of sale. The bananas carried in the other holds were fended in perfect condition. On behalf of the defence, Mr. Levi said that he intended to ask for a noneuit, as the plaintiffs had not adopted $he right couree of action. The plaintiffs were relying on the fact that the ordinary common carrier was the insurer of goods. Unfortunately, the doctrine dfd not apply for such cargo as this. There was no liability to the carrier of a perishable product which the bill-of-ladmg set out was carried at the shipper's risk. A common carrier coulu not prevent a natural decay. There was no negligence on the part of the company's ship. ' Mr. Levy went on to state that a trade of this kind was necessarily earned on subject to certain conditions, xhe particular voyage in question occurred during the hot summer season. It did not follow that because a certain amount of fruit arrived in • a damaged condition that the carrier was responsible. (Proceeding.)