SALE OF DAMAGED CARGO

Hawera & Normanby Star, Volume LXXI, Issue LXXI, 23 February 1916, Page 8

SALE OF DAMAGED CARGO

- AN INTERESTING JUDGMENT. BY TELEGRAPH —PItESS ASSOCIATION. WELLINGTON, Feb. 22. Judgment was delivered by Mr Ridded, S.M., in the Magistrate's Court to-day in a claim for damages arising out of the stranding of the Corinna on Barrett's Reef on August 5 last. An important point regarding the liability of shipowners was concerned. Plaintiff was James Smith Fox, storekeeper, of OfccstG, New Plymouth, and the defendants the Union Steamship Co., Ltd. Plaintiff stated, that twenty sacks.of ryegrass seed and ten sacks o*f cocks/oot seed were shipped in good order and condition at Lyttelton for conveyance to New* Plymouth. Defendants delivered only one sack of cocksfoot seed, and, without his consent, sold the remainder at a prrc© much below its real value. Consequently he claimed £96 3s od damages. In bis judgment Mr Ridded, S.M., said he thought that the circumstances warranted the sale of the damaged' grass seed with some urgency, but he also thought that, with reasonable expedition, defendants had sufficient time to communicate by telegram with ths plaintiff and advise him of the position. Even if the plaintiff had had an opportunity to take' steps to improve the condition of the seed, it was doubtful what proportion of it could have been saved, but defendants'* failure to advise him of what they proposed doing with it deprived him of 'he opportunity either of acqiresnihs in their proposal's or dealing with his property in some other way. He thought the defendants were liable forth c damages, 'but a' correct estimate of these was by no means easy. He fixed the amount at £21 10s (including 30s paid into Court). Judgment v\asgiven accordingly, with costs amounting to £11* 7s.