MISSING SUIT CASE
RESERVED DECISION DELIVERED.
JUDGMENT AGAINST MOTOR CO.
Recently a case was before Mr A. M. Mowlem. S.M., at Napier wherein John Kellerman, of Waipukurau, claimed £l2 from the Hawke’s Bay Motor Company in respect to a suit case which had been lost after being consigned to be carried by the defendant company. His Worship gave his reserved decision yesterday when he held that under the Mercantile Law Act, 1908, the defendant company was liable for any loss or injury to goods in the receiving and delivering of 'such goods occasioned by the neglect or default of the carrier or his servant, notwithstanding any notice declaration or contract given by’ the carrier contrary thereto, and in any wise limiting such liability. His Worship held that on the evidence, negligence on the part of the company’s servants had been proved. He contended that the question of labelling did not apply to the case as the company agreed to carry the suit case whether labelled or not. He accordingly gave judgment for the plaintiff for the full alfiount (£l2) together with costs totalling £5 15s.
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https://paperspast.natlib.govt.nz/newspapers/HBTRIB19270831.2.11
Bibliographic details
Hawke's Bay Tribune, Volume XVII, 31 August 1927, Page 3
Word Count
185MISSING SUIT CASE Hawke's Bay Tribune, Volume XVII, 31 August 1927, Page 3
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