LIABILITY OF SHIPPERS.

Nelson Evening Mail, Volume XLII, Issue XLII, 23 March 1908, Page 2

LIABILITY OF SHIPPERS.

The - question of the liability of a shipping company for damage sustained"by- cargo was involved in the case of Young's Chemical Company v. Shaw Savill and Albion Coy., Ltd., in which Dr .-AT Arthur, S.M., delivered reserved judgment the other day. The claim < was for £6 7s for the breakage and loss of the contents of one jar of tincture of opium in carriage between London and Wellington. Negligencb and unskilful handling were alleged against the defendant company. The defendants submitted that the damage had resulted through the default of the plaintiffs themselves in not sufficiently protecting the package in which the goods were contained, 'and that by the contract between the parties, i.e.. the bill of lading, the consequent risk of damage was cast upon the plaintiffs themselves. Tho contention of the plaintiffs wae that the conditions as set out in the bill of lading were unreasonable in exempting the defendant company from liability. His Worship held that in the present case the bill of lading excepted damages resulting from j the neglect or default of the master; mariners, or others in the service of the company, and therefore was an insuperable bar to the success of the plaintiffs, and entitled the defendants to a nonsuit. Judgment was given to that effect, the plaintiffs being nonsuited, with costs £2 16s. Mr Neave appeared for the plaintiffs, Mr Myers for the defendants...