MAGISTRATE’S COURT.

Hawera Star, Volume XLVII, 27 September 1928, Page 9

MAGISTRATE’S COURT.

CLAIM AGAINST BOATBUILDEIR. At the Magistrate's Court this afternoon, JVLr J. S. Barton, S.M., heard the claim of Rangi T. Rongonui (Mr T. Roberts), who sought to recover from Charles Johnson (Mr P. O’Dea) £45, being the price paid for a boat built by defendant to the order of plaintiff. Plaintiff alleged that the boat was unsafe and unseaworthy, and was unlit for use. It wais stated on behalf of .plaintiff that the boat was delivered on February 17, having been transported, by motor lorry and launched in .the AVhenuakura River. The next morning the .boat was found -half full of water. The plaintiff, Rongonui, said that be lived at Whenuakura, He wanted a boat for his boys to go out fishing. He saw defendant in October last with, a friend, Joe Hokio. who spoke first to Johnson and asked Johnston to build a boat which was to be made of red pine and kauri (no. white pine to be used). He did not say much more a,bout it. t The boat was to be finished and delivered at the pa (plaintiff paying for motor hire). When the boat was finished plaintiff sent Tei to Ha-wera to get it, and it was placed in the river straight away. Whan he (plaintiff) went to use it next morning he found the Wat half full of water. Two holes were found in the boat and plugs had been pushed in the holes to stop the leaking. After having the boat inspected by Warner, he instructed liis solicitor to write to Johnson, rejecting the boat and further instituting court proceedings.George Rowan, shipwright and boat-builder, of Wanganui, gave evidence' that he was expert in the building of ships and boats. On April 5 he was asked- to examine the boat in dispute. It was of the clinker built type. When he first saw the boat it was outside the shed where it was kept. On examination- he found- that the majority of the planks were in short lengths (too many joints), which is a defect- in the construction which tended- to weaken the boat. Witness also noticed several fractures in the planks at the nail holes. This might not show at the time of building, but would after being used for some time. There were no apron pieces used in the construction, which is also a necessary part of Watbuilding, the apron pieces being fastened 1 to the stem for protection of the boat from severe bumping.. Witness- considered that the ribs (timbers) were too few. Copper nails had been used instead of screws. Witness put his knife through holes about midships, but could not tell how holes came to be there. Witness contended, that the boat should not have- leaked to such an extent as alleged. If it did something was- radically wrong in the building of the craft-. New boats were liable to leak very slightly, at first, but should be watertight- within 24 hours.

In replv to Mr. Roberts, witness said the boat was made of red pine and kauri. Red pine would not last any length of time, and was not generally used in the trade. To counsel witness said lie would not like to go out to sea in the boat in its present condition.

(Proceeding.)