GIRDERS THAT WERE BENT.

New Zealand Herald, Volume XLIX, Issue 15096, 12 September 1912, Page 5

GIRDERS THAT WERE BENT.

A SHIPPING CLAIM.

A '.'.ask in which the damages claimed were small, but which involved questions ol importance to consignees and shipowners, was heard by Mr. ]•]. C. Cut-ten, S.M., yesterday. 'W ingate and Company, ! presented by Mr. If. p. Richmond, claimed from Ifuddart-Parker, Ltd. (Mr. J. P. Campbell) the sum of £15, -being tho cost of straightening four 36ft steel girders or "flats," which it was alleged had been bent during transhipment on the defendant company's steamer Wimmera. For the plaintiffs it. was alleged that the bending was due to negligent handling. There was a transhipment of tho goods at {Sydney, and at that time the girders were only slightly bent.- .It -was contended thar, there had been much additional bonding and twisting of tho girders between Sydney and the final delivery of the goods in Auckland. For the defence, evidence was "called to show that the bending was due to tho natural inherent defects of the goods. On the other hand, several witnesses stated that there was no difficulty in safely handling this class' of goods/ The girdersshould not have been slung in the middle. At this stage Mr. Campbell moved for a non-suit 011 three points : — (1) That the defendant company was not, liable for any damage dona to the "flats" by reason of the inherent natural defect or vice of the goods.; (2) that the defendant company was not liable on account of the absence of package of tho goods: (3) that, there was no evidence ; that any claim for loss was made in writing.' - -The last point was waived bv counsel for the defence, so that the case might be decided by the magistrate:' ' After the hearing ?of further evidence, the magistrate reserved bis decision.