CHRISTCHURCH RAILWAY GOODS SHED FIRE.

New Zealand Herald, Volume XLIII, Issue 13307, 13 October 1906, Page 6

CHRISTCHURCH RAILWAY GOODS SHED FIRE.

WHO WILL SUFFER? [BT TELEGRAPH.—OWN CORRESPONDENT.] : Christchurch, Friday. The question as to who will suffer as the result of the railway goods shed fire is of interest to many people in Canterbury just now. Under the Government Railway Act, 1900, certain conditions are imposed upon which goods are held and conveyed in ai\d upon New Zealand railways. Amongst these it is laid down that the Minister will not be responsible for any loss or damage in respect Of any goods received for carriage or carried on a railway if the loss or damages arise from fire (except from the railway engine or apparatus). The view taken by the Railway Department is that they are exempted under the condition quoted above, which amongst- others is endorsed 011 the Department's consignment, notes. They assert that in the case of the Dunedin fire the Department's assumption of liability and payment of losses was mere ly an "act of grace, ' and there was no legal, obligation. The Department would only be liable for a lire caused by a railway engine 1 or by apparatus used by the Department. > Opinion amongst business men in the city as to the liability of the Railway Department differs considerably. One gentleman, most emphatically declared to a Press reporter that the Department is liable. "It 7 is nonsense," he said, "to speak about acts of grace, and I don't care one jot what iV endorsed on the consignment - note. ... Tho-' Government are as much subject to the lawof the land as anybody else, and they', cannot get out of tneir liability by disclaiming it on a consignment note. In so. far as they carry goods they are subject to the. Common Carriers Act, by which they are responsible for negligence. Where goods are sold free on rail the consignor's respon-.' sibility ceases when he ■ litis delivered the' goods at the railway, and if a fire occurred',! after that, and the Government were not 1 held responsible, the consignees would bear any loss caused '--by fire, but if the consignor had quoted a price including delivery at destination then he would be responsible." „ Another gentleman was not quite so certain regarding the liability of the Railway Department. " There is a good deal of, doubt," he declared, " amongst business men as to whether the Government would be held responsible or not, and to prove to you that this doubt really exists I may say that it is a common practise for merchants in this city to insure goods coming to them from abroad right into their warehouses."