STORAGE OF HIDES.

New Zealand Herald, Volume LXIII, Issue 19291, 1 April 1926, Page 13

STORAGE OF HIDES.

depreciation claim fails. COURT UPHOLDS DEFENCE. CUSTODIANS NOT AT FAULT. Judgment was given yesterday by Mr. Justice Herdmnn in a case brought by Sims, Cooper and Company, Ltd, meat exporters, Christchurch (Mr. llichmond), against tho Auckland Farmers Freezing Company, Ltd. (Mr. Northcroft) The plaintiffs claimed £512 5s lid as damages for alleged breach of a contract or duty to salt, cure and store 1190 ox skins delivered to tho defendant company at its works at Moerewa, Bay of Islands, as bailee for 'reward, during the freezing season ending May, 1924. It was claimed by the plaintiff company that a letter of instructions which it had sent contained a definite and unmistakable direction that tho hides were to be held in tho " curing stack -sometimes called a "flat stack" or "salt stack," as distinguished from a stack or heap of " bibled " (folded) hides —and that because this direction was not observed, and because they were rolled or " bibled " - lip, tho hides had deteriorated. It was abo alleged that apart from specific directions, the defendant company had irn- j properly arid negligently salted and cured the hides, and failed to tako that caro of them, while they wero in its custody, which tho law prescribes. Rejection by Purchasers. On arrival in Wellington a number of the hides were rejected by the purchasers because of their unsatisfactory condition and they refused to tako delivery of the balance. Eventually tho skins which had been rejected were sold at figures lower than that at which they were first contracted for. It could not ho disputed, His Honor thought, , that when both shipments of hides reached Wellington their condition was unsound. He did not think it could bo suggested seriously that it was not proved that the defendant company had acted with ordinary ability and faithfulness in curing tho hides. The operation of curing was conducted by competent and cxpcrenced men who acted as they did when curing thousands of other skins. The attack of tho plaintiff company was really directed against the methods adopted, and tho conduct of defendants in keeping the hides. If damage was done after delivery of the bides from defendant's works, fc-r that it was not responsible. Differences Between Experts. After analysing with great minuteness the evidence as to the most satisfactory way of storing hides when they have to be.'kept for a time, His Honor found that the opinion of experts in tho trade was divided. Some witnesses condemned tho " bibliii" " process; others favoured itEach "system had its own school of supporters, who held their opinions firmly end spoke with a certain amount of weight. Throughout New Zealand the practice varied —perhaps for climatic reasons, perhaps because proprietary concerns got rid of their hides speedily while concerns like the defendant company, which kills for farmers were sometimes required to store hides for a, long period of time. The Judge was not disposed to hold that the defendant company erred when it held the hides in " bibled " stacks, and that it did not euro the hides as it contracted to do, and that it did not use ordinary diligence in the care and preservation of the property entrusted to it. Onus on Plaintiff Company. Between the date of delivery from the store and the date of tho discovery of the damage much could have happened continued His Honor. Heat, rain, moisture in the hold, exposuro on shipboard or on wharves or in sheds might have stimulated some destructive agency. It was for the plaintiff company to prove that the damage done happened during tho bailment, and when that fact had been established the onus was then on the defendant company to disprove negligence. Ho doubted whether the plaintiff company had performed tho initial duty of proving beyond reasonable doubt that *■ the damage was done in store. On the other hand he thought the defendant company had proved that it used the diligence prescribed by law. Judgment was accordingly for tho defendant company with costs, and a certificate for four extra days at 15 guineas per day.