RUSTED NAIL WIRE

Evening Post, Volume CXXII, Issue 85, 7 October 1936, Page 20

RUSTED NAIL WIRE

ShlP OWNER'S APPEAL

The liability for damage by rust and,corrosion of 1541 coils of nail wire shipped from Canada to Wellington by the Canadian,; Highlander was again disputed yesterday afternoon, when the Canadian: Government" Merchant Marine, Ltd., ship owner, brought to the Court of, Appeal an appeal against a judgment' of the Chief Justice (Sir Michael Myers), who held that the Auto-Machine Manufacturing Co., Ltd., nail manufacturer, of Thorndon Quay, .to. which the wire was consigned, was entitled to recover damages. In his judgment his Honour-said the evidence satisfied him that if the wire had been stowed in a hollow square along, the sides of the ship the damage would not have occurred. The hearing on appeal was continued today.

1 The Court of' Appeal consisted of Mr. Justice Ostler, Mr, Justice Blair, Mr. Justice Kennedy, and Mr. Justice Callan. • ■ . Mr.'P. B: Cooke, K.C., with hijn Mr. C.' Evans-Scott, appeared for the appellant company, and Mr. D. R. Hoggard,1 with him Mr. M. Jackson, for the respondent, company.

In the Supreme Court action thei ■'statement'of claim set out that about] February 28, 1935, the Dominion Steel and Coal - Corporation, Ltd., shipped \ 1541 coils of bright nail wire (100 tons) I by the Canadian Highlander, owned by the defendant company and then lying a,t Halifax. When the defendant company received the wire, it was alleged, it was in good order and condition to be shipped to Wellington, but the- defendant company negligently stowed the wire, negligently allowed the hold to become.damp, and failed to keep the hold adequately ventilated. As a,result of the company's negligence the wire was damaged to the extent of £661 13s 4d.

. The first defence of the Canadian Government Merchant Marine was a complete denial of the allegations; the second defence, that the wire, although in appafent good order when shippea, was already damaged by having been exposed to dampness, and that the damage which subsequently became apparent could not have been detected at the time of loading. Alternatively, the company contended that the damage was the result of condensation of moisture on the wire due to changes of temperature. The third ground of defence was that the damage was caused by one or othefr of the excepted risks in the bill of lading.

(Proceeding.)

The Salvation Army street appeal yesterday resulted in the collection of £182, an increase of £10 over the amount received last year. There are still a lew small returns~l»..came tQ : ,Jfciand,