FISH IN A FREEZING CHAMBER.

New Zealand Herald, Volume XLV, Issue 13673, 14 February 1908, Page 7

FISH IN A FREEZING CHAMBER.

CLAIM FOB ALLEGED NEGLIGENCE. At the Magistrate's Court yesterday, lyefore Mr. C. C. Kettle, S.M., the Auckland Farmers' Freezing Company, Limited, claimed from S. Green and Co., fish dealers, £38, as being rent for the use of a freezing chamber at the plaintiff's premises. The claim was admitted, but the defendant company counter-claimed £225 as damages, the statement of claim setting out that 250 cases of schnapper, valued at £75, 12,000 dozen email flounders, valued at £60, and 900 dozen large flounders, valued at £90, had been rendered valueless, owing to negligence on the part of the Freezing Company in not keeping the room maintained at such a temperature as would preserve the fish. As the amount counter-claimed (£225) was beyond the jurisdiction of the Magistrate's Court, the counter-claimants agreed to forego the claim for the surplus of £25. Mr. M'ahony appeared for the Freezing Company, and. Mr. r eagh (instructed by Mr. Rosece Reeve) for Green and Co. Green gave evidence as to the agreement between the two companies, and stated that the chamber was not kept at a low temperature, and the fish were rendered unfit for food as a result. He alleged that this was due to carelessness on the part of the Freezing Company's employees, but he admitted that Mr. Stringer (secretary) and the engineer had warned him that his men were neglecting to close the door of the chamber, and that the fish would go bad. In reply to Mr. Mahony, witness said that he had first thought of making the claim last October. Mr. Mahony said that- he would endeavour to show that the claim was like the fish — bad." Witness considered his actual loss was about- £600. . Mr. Kettle: Well, why did you not claim for the other £400? The company is a " good mark," isn't it ? Witness; I can only claim for the actual loss on my stuff. The previous witness' son alleged that the reason why the temperature was high was because the Freezing Company's men neglected to properly clean the pipes. After several witnesses had given evidence, the further hearing of the case was , adjourned until to-day.