PILLAGED GOODS

Evening Post, Volume XCV, Issue 140, 13 June 1918, Page 8

PILLAGED GOODS

A RESERVED JUDGMENT.

Reserved judgment was delivered by Mr. W. G. Riddel!, S.M., at the Magistrate's Court to-day, in a case in which John Morrison claimed! the sum of £23 Ss 6d from the Wellington Harbour Board for mixed draperies pillaged from a bale consigned to' the plaintiff and delivered to the defendant board from an overseas steamer. The good's were received in good order and condition according to the receipt given by the Harbour Board tally clerk. No damage was noticed in regard to the particular bale which was the; subject of the claim, but when it was examined the discovery was made that the bale had been opened and some of the goods pillaged. Prior to a regulation coming into force in England, the practice was for manufacturers to send out their goods in cases, but in certain instances this had now been forbidden, according to the nature of the goods. The defendants refused to accept liability, and a nonsuit was applied for on the grounds that proper notice had not been given in time, and that negligence had not been alleged. In the course of his judgment, the Magistrate held that as the defendants were in the position of bailees for reward, the evidence tendered by tlie plaintiff was sufficient to cast upon them the onus of showing that the loss of the plaintiff*} goods was not due to negligence on the board's part, or on the part of its employees, and consequently the nonsuit could not be upheld. Evidence had been given to show that the defendants had taken every care to ensure the- «afe custody of the plmntiff's goods. There was no evidence th»t the bale had' been pillaged while on the ship. It was heW that the goods had been pillaged by some person or persons unknown, and that the defendants were entitled to judgment with costs of £2 2s. During the hearing of the case, Mr. A. W. Blair appeared for the plaintiff, and Mr. T. S, Weaton for the Harbour Board,