BRANDY LOST FROM CASK.

New Zealand Herald, Volume LIX, Issue 18040, 15 March 1922, Page 5

BRANDY LOST FROM CASK.

CLAIM AGAINST SHIPOWNERS.

JUDGMENT FOR DEFENDANTS

An action arising from the loss of a quantity of brandy in transit between Auckland and Waipiro Bay was heard by Mr. W. R. MoKean, S.M., at the Magistrate's Court yesterday. J. G. Rutherford (Mr. Inder), trading as tho J. G. Rutherford Company, wine and spirit merchants, sought to recover from Richardson and Company, Limited (Mr A. Moody), shipowners, £36 2s 2d, being the value of 14.3 gallons of brandy lost in transit, owing, it was alleged, to negligence or pilferage.

The statement of claim set out that plaintiff delivered to the defendant firm a cask, in good order and condition, containing 28.3 gallons of brai.ay to be conveyed to Waipiro Bay, receiving a clean bill of lading. On arrival at Waipiro Bay the cask contained only 14 gallons. The defence was a denial of liability, as the bill of lading provided that the company was not liable for leakage on the voyage, and there was no possibility of pilferage owing to the manner in which the cask was stowed. In giving his decision the magistrate said he was of opinion that the cask was in good order when delivered to defendants and that when delivered to the consignee it was not leaking. There was nothing in the evidenco to justify him in- believing that there had been pilferage. The evidence showed that due care had been taken, but the leak had occurred. It was possible the pressure of the superimposed cargo had earned the leak. But there was nothing to justify him in ho'ding there was negligence in stowing. Mr. McKean said he must find that the leakage occurred during the voyage. The company's shipping note provided that it would not be liable for leakage. Judgment was therefore given for defendants with cost 3. Security for appeal was fixed at £10 10s.