THE SHIP LYTTELTON

Otago Daily Times, Issue 8794, 2 May 1890, Page 2

THE SHIP LYTTELTON

THE ACTION AGAINST THE TIMARU

HARBOUK BOAUD.

London, April 30.

The Judicial Committee of the Privy Council has dismissed the appeal in tha case of Shaw, Savill, and Co. v. Titnaru Harbour Board, The plaintiffs were cast in all costs.

This was an appeal from a judgment of the Court of Appeal of New Zealand of May 7th, 1888, whereby, on a motion by the respondents for a nonsuit or a new trial in an action in the Supreme Court, a verdict obtained by the appellants for £15,500 and £17,302, the respective value of their ship Lyttelton and ifcj cargo, was set aside and judgment entered for the respondents. The action was brought, by the appellants against the respondents in the Supreme Court of New Zealand (Canterbury district) to recover the value of tho ship Lyttelton, 1110 tons register, and its cargo, as damages for the alleged negligence and default of Mr Storm, the'deputy harbourmaster and pilot of the port of Timara, who wan in the service of the respondents, whereby the vessel was wholly lost in June 18S6, while in that harbour. Among other defences raised by the respondents was that the appellants h*d not complied with the provisions of " Tho Harbours Act 1878," which enacted that no plaintiff should recover in any action against any harbour board unless the suit was commenced, within three months after the act was committed, and unless notice had been given to the defendant one month previously to the commencement of such intended action specifying its causo.- The action was tried at Wellington, in New Zealand, before Mr Justice Richmond and a sp?cial jury, and after a trial lasting nine days the jury found a verdict for the appellants. The Court of Appeal afterwards (by a majority of the judges) directed judgment to be entered for the respondents, on the ground of want of proper notice of action under the Harbours Act. From this decision the appeal was brought. The Harbour Board has been again successful.