LOST WHISKY

New Zealand Times, Volume LIII, Issue 12602, 12 November 1926, Page 9

LOST WHISKY

LIABILITY CONTESTED MAGISTRATE RESERVES DE CISION. The liability for loss of a demijohn of whisky was contested in a test case in the Magistrate’s Court yesterday, when Reginald Collins, Ltd., proceeded against Richardson and Co., ship, owners, of Napier, for the recovery of £9 4s, th© value of the whisky. Mr P. S. K. Mncnssey appeared for the plaintiffs, and Mr H. E. Evans for the defendants. Mr Macassey said that the demijohn of whisky had been shipped from Wellington to Wairoa in one of Richardson and Company’s steamers. It was held that the demijohn had been put on the vessel in good order. At Wairoa it was unloaded from the vessel, and placed in a shed used for sorting cargo. However, when tlie carrier went to the shed he found the jar broken behind two cases, and refused to take delivery of it.. Reginald Collins, Ltd., held that the demijohn was adequately protected by a wickerwork covering. Mr Evans, for the defendants, contended that, in accordance with Richardson and Company’s regulations, they could not be held liable for the loss. Counsel contended that the demijohn had been insufficiently packed. “What evidence is there to show that there was negligence in the shed at Wairoa?” submitted counsel. The demijohn was found in a position which suggested that it hud fallen. I submit that this is a case where the court has ,to guess the cause of loss, concluded Mr Evans. Mr W. G. Riddell, S.M., reserved his decision.