DAMAGED CARGO

Evening Post, Volume CVII, Issue 67, 22 March 1929, Page 13

DAMAGED CARGO

WHOSE LIABILITY?

A ease concerning maritimo law engaged the attention of the Court of Appeal yesterday afternoon and to-day. The appellants were the Coastal Shipping Co., Ltd., and the respondents were the "Wanganui Heraia" Newspaper Company. In December, 192G, the appollaut company received C 3 rolls of paper to bo shipped from Wellington to Wanganui by tho steamer Kapiti. It is alleged that damage to the extent of £320 occurred to the goods during the course of the voyage, occasioned by the ship springing a leak and the consequent incursion of sea-water into the hold. Both parties admitted in tho Supreme Court that the damage was not due to any negligence or fault of the appellant company or tho builders of the Kapiti. It was held by Mr. Justice Smith that the damage was not due to any "danger of the sea," which under the bill of lading was an exception to the liabilities of the shipowners, and further that damage was due to the unseaworthiness of the steamer. , It was; against that decision that the appeal -was made. There were on tho Bench Mr. Justice Herdinan, Mr. Justice Adams, Mr. Justice Ostler, and Mr. Justice Kennedy. Mr. M. Myers, K.C., with him. Mr. J. F. B. Stevenson, appeared for tho appellant, and Mr. J. B. Upham for tho respondent. Decision was reserved.