THE MAMARI INCIDENT

New Zealand Times, Volume XXIX, Issue 6176, 6 April 1907, Page 8

THE MAMARI INCIDENT

A JUDICIAL DECISION. PRESS ASSOCIATION. AUCKLAND, April 5. * Mr Justice Dcnniston's judgment in an application by the Auckland Harbour Boa. <l, calling upon the Shaw. Savill and Albion Company (plaintiff), in an action against (ho Board, to provide a more explicit statement of claim, was rend by Air Justice Cooper in Chambers this morning. In dismissing the summons, with costs, his Honor states that the ground specified as the cause of action for damages was that the defendant Board, under contract, proceeded to dock the steamer Mamari in the Calliope dock, but owing fo the defective and negligent construction and design of the dock and its equipment, and owing to the negligence of defendant, its officers and servants in and about the said docking, the dock was, or became, insecuTe, and part of the structure and equipment of the, dock collapsed, nd the plaintiff's steamer was crushed, and otherwise injured. The defendant Board required a statement showing what part of the dock or equipment was defective, and what was the negligence alleged. Assuming, as he was bound to assume, that the averment*, in the statement of ■■Maim were true, the statement, in his opinion, disclosed a sufficient prima facie cause of action, and the plaintiff company could not be called upon to oivc more informat’ou than it had done. There war ro reason to suppose that in the pre-ent case the defendant was embarrassed by any want of particularity in the statement of claim. The defendant knew as well ns the plaintiff the terms upon which it received the plaintiff's vessel. There was no suggestion that the contract should be in writing. The contract was, in fact, not the gist of plaintiff’s complaint.