DAMAGED GIRDER PLATES

New Zealand Herald, Volume XLIX, Issue 15110, 28 September 1912, Page 5

DAMAGED GIRDER PLATES

SHIPPING COMPANY LIABLE. "A REASONABLE CLAIM."' A decision of considerable importance, concerning the liability of shipping companies for damage to goods in transit, was delivered by Mr. E. C. Cutten, S.M., yesterday. Wingato and Company, Ltd., hardware merchants of Auckland, proceeded against the Iluddart-Parker Shipping Company to recover the euni of £15, for the straightening of four 36ft girder plates. Mr. Richmond appeared for the plaintiffs, and Mr. J. P. Campbell for the defendants. Four girder plates of mild steel, consigned to the plaintiffs at Auckland, were brought from Sydney by one of the defendant company's vessels and landed in a very much bent and damaged condition. They were shipped without any packing or protection of any kind, and it was proved that mild steel is a material very liable to bend and not to spring back. There was a condition on the shipping receipt exempting the defendants from liability duo to inherent defects or vices of the goods in the absence of package. It was held that the exemptions did not protect the defendant company, as the damage was alleged to be duo to the negligence of its servants. Three out of the four girders had been landed in a very much damaged condition, and were useless for the purpose for which they were imported until they had been flattened again. For the defence, it was not denied that "tho goods wero landed in a damaged* condition, but it was contended that the conditions on the shipping receipt relieved the company from liability in the circumstances of this case. A great deal of evidence was given relative to the proper method of slinging such goods when loading and unloading, and as to the necessity for packing to protect them from damage. The magistrate stated that the conclusion he had come to was that though these "flats" wero difficult goods to handle, and a certain amount of minor damage in the way of bending was to bo expected from the handling necessary for their carriage by sea, the shipping companies were capable of handling such goods without undue difficulty, so as not to cause more than tho slight damago mentioned. Damage such as the plaintiffs' goods suffered in tho case was the result of negligence;, and tho claim of £15 was reasonable. Judgment would bo for plaintiffs for the amount claimed and costs.