CLAIM FOR DAMAGES.

New Zealand Herald, Volume LVII, Issue 17456, 28 April 1920, Page 7

CLAIM FOR DAMAGES.

MAKURA'S APPLE CARGO.

ECHO OF THE EPIDEMIC.

[BY TELEGRAPH.— PRESS ASSOCIATION.]

"WELLINGTON, Tuesday.

The Appeal Court to-day began the hearing of the case W. H. Grove and Sons, Ltd., v. the Union Steam Ship Company. The case was removed by consent into the Court for determination after evidence had been taken in the Supreme Court. The question arises out of the non-delivery of a. cargo of apples from Vancouver for Auckland by the Makura. The fruit was shipped on November 4, 1918. The steamer arrived at Auckland on November 30. On account of the influenza on board, the vessel was quarantined, and the Waterside Workers' Union declined to undertake discharge of the apple« On December 7, the chief health officer directed defendants to proceed to sea. On arrival in Sydney the steamer was quarantined and admitted to pratique on December 22. The engagement of the crew terminated at Sydney and they were signed off. Owing to the shipping strike a new crew could not be obtained until January 16*, and the steamer returned to Auckland from Sydney on January 20, the apples being landed on January 21. Plaintiffs claim £1087 17s 6d damages due to loss of a favourable market. Defendants say that they landed the apples at the nearest port as they were prevented from so landing them before at Auckland; that the contract and the bill of lading were subject to the Water Carriage of Goods Act, 1910, exempting defendants from loss owing to strikes or for loss arising not their actual fault, or the neglect of them or their servants; that contract did not provide any date for delivery, and the apples were delivered within reasonable time; that plaintiffs were to receive the apples immediately on arrival at port, and that plaintiffs took no steps for receiving them; that there were no facilities and none were provided by plaintiffs to put apples into cold storage while the ship was in the Waitemata Harbour. Mr. C. P. Skerrett. K.C., and Mr. Fair appeared for plaintiff, and Sir John Findlay and Mr. • MacVeagh for defendants.