DAMAGED CARGO

Evening Post, Volume CVI, Issue 80, 15 October 1928, Page 15

DAMAGED CARGO

■:•■.■ .-..-I- :i », ■,■>.. ■■■;. ■ UN^tJCCfiSSFtJL APPEAL The appeal of John Burns ana Co., Ltd., of Auckland, from tfte d«6isionvof Mr. Justice MiCQregof, who foniid. in favour of the ownetg of the Btcamer Canadian Explofelr in ft claim brought by the appellant for £350 damage*, was dismissed in A reserved judgment delivered by the Court of Appe&L The claim".' was made on account of: 3240 .CBS6S'of galvanised Iron wire carried in the Ship from Sydney, NoVa Scotia, to Auckland, and found tf> be coWoded when it was unloaded. The shipping company admitted that the wire was damage, but denied liability under the bill of lading. , : : The Court agreed with Mr. Justice MaoGregor that the respondents haying proved, prhna facie, that' the damage eanie within the exception of rust, the appellant company did not discharge the onus of proof Which then shifted ;to it of proving that either the damage was not within the exception, or' that the ship had been guilty of any negligence. .„■•... •■ ■ .. '■': Mr. H. P. Bichmond appeared for: the appellant, and Mr. H; M. feogefgon.for the respondent. .