AN IMPORTANT JUDGMENT

Feilding Star, 17 May 1907, Page 3

AN IMPORTANT JUDGMENT

- 9 - [PBB PBBSS ASSOCIATION.] Dunedin, May 16. Judge Williams gave a judgment of great importance to shippers this morning in this case of Ross and Glendimng, Ltd., against the Shaw, Savill and Albion Co. The claim arose out of certain wool being damaged while in transit to Port Chalmers by the lighter Thomas and Henry for the Delphic. One of the facts was that the damage was owing to collision with some floating object in the harbour and not owing to the unseaworthiness of the lighter. The defence in law was that though no bill of lading had been signed yet the ordinary custom of the mercantile community rendered it necessary to read into the contract the term "bill of lading" and that in such case all lightering is at the risk and expense of the shipper. After dealing fully with the law on the question and finding in favor of plaintiffs, his Honor said if he had decided on the facts he would* hold that the Thomas and Henry was unseaworthy and she must have been in a condition that caused her to leak as soon as she would begin to Judgment was entered for £251 and costs. '__ .