COURT OF APPEAL.

Gisborne Times, Volume V, Issue 115, 25 May 1901, Page 3

COURT OF APPEAL.

ENTER ESXING SEQUEL TO THE SEARCH FOR PERTHSHIRE.

[By Telegraph—Press Association]. Wellington, last night.

In the Court of Appeal this afternoon Mr Quick, counsel for respondent, was granted leave to appeal to the Privy Council in the case dolicitor-Ueneral v. Hislop Wallis, relating to the Porirua Trust, in which judgment in favor of the Crown was given this week. The Court delivered judgment in the cuse of the Union Steamship Company v. Jenkins and Rower, an appeal against a judgment of ex-Judge Martin, who had awarded respondents damages for loss of a. cargo of onions shipped from Lyttelton to Sydney last year on the voyage in which the Tullino searched for the disabled steamer Perthshire. His Honor the Chief Justice held that the deviation made in the voyage was not unreasonable, and that the appeal he uphold, with costs on the lowest scale.

The written judgment of Justine Williams held that, the natural result of the deviation was the damage of perishable goods, and that the appeal should ho dismissed, he being of opinion that the Company was liable for any damage caused by the deviation.j i\lr Justice Edwards and Mr Justice Cooper concurred with Uis Honor the Chief Justice that the appeal should bo allowed, and the appeal was allowed accordingly with costs on the lowest scale.