CARGO DAMAGED.

Hawera Star, Volume XLIX, 12 April 1929, Page 10

CARGO DAMAGED.

AX APPEAL DIS?(ITSSED. (Ht Telp(rmph—P'.-esa Association.) WELLINGTON, April 11. The Appeal Court gav-e judgment today in the Coastal Shipping Company v. Wanganui Herald 'newspaper, dismissing the. ajipeal and upholding the judgment of Mr Justice' Smith in the Court below, allowing; the newspaper damages for cargo carried by the eompany. Their Honours said/: “There can be in our opinion no that the real, predominant amd efficient cause of loss was the un-seaworthiness of tlic vessel, and not tlie ‘entry of sea water. No doubt the vice i'n the bottom of the vessel arose in the? first instance from the fact that there- was what has been described as a capillary opening in the cement, skin, but the “whale sequence of events may witii propriety In' comprehended in the term ‘natural causes’ and lapse of three. Wo agree with Mr Justice Smith .that the unseaworthiness of the vessel a.vas the real, efficient cause, the procx.imatc cause to which th<' damage to “respondents-’ goods must be ascribed, P.nd therefore that loss was not loss by ‘damages of (he sea’ within the meaning of section 3 of the Men Carriage af Goods Act." The qnestioins submitted to the Court were then nniswered as follow: — (la) There being no modification or exclusion of. the common law warranty of seaworthiness in the contract of carriage there, is implied in that contract an absolute warranty af the seaworthiness of the ship. ■(lb) fScetion ■> of the Men Carriage of Goods; Act does not in any way affect that, warranty. (if) The.. Joss or damage to respondents’ go>o<rls was caused by the nnseaworthiness of the ship and not by “'dangeo: of sea.’’

Castsi were allowed on the middle scale to the respondents.