A BROKEN DEMIJOHN

Evening Post, Volume CXII, Issue 133, 2 December 1926, Page 22

A BROKEN DEMIJOHN

CL&IM AGAINST SHIPPING COMPANY SUCCEEDS.

Reserved judgment was given by Mr. ' -W. G. Riddpjl, S.M., in the Magistrate's ■Court yestertfty, in. th« case in which Reginald Collins, Ltd. (Mr. P. S. K. Macas- ; sey) proceeded against lUchardaoa and ../.Co., Ltd. (Mr. H. Evans), for compensation for a demijohn o£ whisky which was .found broken and empty in the wharf '. shed at Wairoa, whence it had been ship.- -'. ped on the defendant's steamer, the Putiki, from Wellington. ;-; "The defendants," said Mr. Riddell, "de- ' ny liability upon the grounds .that the . loss falls within the exceptions, or some one or more o£ them, contained in <-para- ; graph 2 of the bill-of-lading, the relc- • vant portion of which is' as follows: 'The company will not be liable'for rust, ver- , mm, leakage, bursting of bags, breakage of etc., or other goods of a brittle or fragile nature from whatsoever ' cause arising, or for loss or damage aris- '. ing from insufficiency in packing or .'strength of package, or of storage afloat or ashore, etc' , ! ''It is contended for the plaintiffs that different considerations apply with respect :to the whisky itself and with respect ;.to itg earthenware container; that, in re.spect of the whisky, the defendants, in •..order to succeed, must prove insufficient •packing, i.e., that; the earthenware jar ; with its wicker-work case was an insufficient packing for the whisky; but that the ■■'jar itself must be regarded as a separate; 'item.' This would bring the loss of whisky Siinder one exception, viz., insufficient packing, and the loss of the jar itself under /'another, viz., earthenware. ;• "I do not think, however, that the , whisky and its earthenware container • i should be separately regarded as suggested, and I am of the opinion that the pack,;ing consists of the earthenware jar with its. wicker cover, just as if the whisky had ; been contained in a keg. .. . Here the •'.; evidence shows that at 12 o'clock on the day after the arrival of the Putiki at Wairoa, the demijohn had not been dis- • charged from the ship. Shortly after that, . hour, it was discharged, and at 1.30 o'clock it waa found broken behind/some cases in ; the wharf shed. No evidence has been •■ given by the defendants as to the cause ■ of the breakage. If it had been handled y and stored with reasonable care, the damage should not have occurred, and as no .■ reasonable explanation of the cause of the damage can be given except the negligence . of defendant's servants, I must find that ■•' negligence is proved." . Judgment was given for plaintiffs for the iuil nmount claimed, £9 4s, with costs- .. £6 Bs. ' '