SEARCH FOR THE PERTHSHIRE.

New Zealand Times, Volume LXXI, Issue 4366, 25 May 1901, Page 6

SEARCH FOR THE PERTHSHIRE.

A SEQUEL IN THE COURTS. Tho -judgment of the Court of Appeal in the case of the Union Steam Ship Company, appellants, and G. S. Jakins and W. BoUver, respondents, was delivered yesterday. This case had reference to a quantity of onions shipped by the steamer Talnn e from Lyttelton to Sydney via Wellington, on the voyage on which she searched for and picked up the disabled steamer Perthshire. The company appealed against a judgment of Mr Justice Martin, which awarded damages to tho respondents for tho deterioration of the onions in consequence of the extension of the duration of tho Talunes voyage through her search for the Perthshire. Two of tho stipulations of tho boat note in question read as follows:—"2. Steamer to have leave to deviate from any advertised route for any purpose, or to touch and stay at other ports either in or out of the way to tow and assist vessels in all situations, and to sail with or without pilots. 5. The company are to bo at liberty to cnrrv the goods, to their port of destination, by the within-men-tioned or other steamer or steamers, =hip or ships, either belonging to themselves or to other persons proceeding by my route, and whether dircctl}' or indirectly to such port, and in so doing to ■■■arry the goods beyond tbeir port of h'stiuetion, and to tranship or land o~ nore thp goods cither on shore or afloat md re-ship and forward the same at tlm • ■ompany's expense, but at shipper’s i-k.” The Chief Justice was of ophv ; -a that there was no aoandonment of die voyage to Sydney, but a deviation •duch was reasonable and allowed by tho ■untract. and he thought tho appeal h-nild ho allowed. Mr Justice Wd dams cnra e to the conclusion that the ■■inch for the Perthshire was a new dvouture, and that the decision of the hurt below was right. Mr Justice Conolly thought that tho deviation was ;ot one within the contract. Mr JusIce Edwards and Mr Justice Coope. ■oncurrod with the Chief Justice. Tim npeal was accordingly allowed, with -osts on the lowest scale, and as from ; distance ; and costs in the Court bo iw on the lowest scale, with witnesses’? ■xpeuses and disbursements, and cost? -<f the commission in Svdney. Mr Bullei instructed by Messrs Bcswick and Harris), received judgment for the appellant company, and Mr Levi (instructed by Messrs Stringer and Cress well) for the respondents.