INTERESTING TO IMPORTERS.

Hawke's Bay Herald, Volume XXXII, Issue 10646, 28 June 1897, Page 3

INTERESTING TO IMPORTERS.

Wellington, Saturday.

In the, S.M. Court Dnthie and Co. olalmed £64 10s from the Shaw, Swill and Alnlon Co. in respect of a number of eo»h weights consigned so tbe plaintiffs going aßtrsy and otheri being substituted. In giving judgment thu Magistrate Bald none of tha blllß of lading contained any statemaul nr admission of welßhts of sash weights shipped. The marking of these BMb weights with colored paint seemed to have been very imperfeobly done. This bronght the caeo well within tbe spirit of " exception " in the bill of lading as to the proper marking of packages. Tbe cane was aleo within the exception "weight, measurement, quality aud value nnkaown," and likewise that relating to " unprotected goods," Ac regarded liability for breakage plaintiff mast) prove that tbe very goods for whloh be olalmed were aotnally shipped. He must prove the weights, and he muet prove aocaal negleot. No adequate evidence on these heads was, however, forthcoming; especially there was no proof of negligence— on the contrary it was shown that' oh eaoh occasion sash weights for Dathle and Co. were placed by themselves in one of the holds, and each consignee's sash weights staoked separately on the Wellington wharf on arrival. If, however, owing to the paint marks getting robbed off, in oonseqnence of tbe unprotected state of the weights, and Bash weights belonging to different owners became accidentally mixed in spite of precautions taken to avoid this, the proper oonrse was pointed ont by Carver, page 505. Delivery tbrongh the Harbor Hoard was objected to, bat the goods were delivered according to the piistom of the port, and this was suf(iolent, vide Carver, page 465. Judgment wonld go for defendants, with coats.