NOVEL MARITIME CLAIM

Otago Daily Times, Issue 14089, 18 December 1907, Page 5

NOVEL MARITIME CLAIM

A JIASTEU'S REMISSNESS,

(Pea United Pbkss Association.) WELLINGTON, Dumber 17. The case of Lewis Rodd v. the West port Coal Company, in which a claiiu of £44 It's 6d was involved, came to a conclusion this afternoon, when Mr Riddcll, S.M., delivered resolved judgment. Tho plainI iff. a master mariner, sued the defendant company for expenses incurred during an oftfojood stay at Newcastle while bringing a sailing voseol, the Countess of Errol, from Sydney to Wellington, via Newcastle, on belwlf of the defendants. liis Worelim hold that the plaintiff's off<v ot August 19 to tako the vessel to Wellington for £150 was accepted by iho defendant) allowing him to take charge of her and engage a crow before August 26. The counter offer of the defendants' agents amounted only to a different mode of payment, that, is, by commission 011 a freight, of coal leaded at Newcastle. (111 August 2o the vessel was cleared at Sydney by the Navigation Department, and on the 26th proceeded to Newcastle to load coal. On August 29 the was ready for sea, but owing to tho cpmplaintsof Ihe -crew as to her condition the Navigation Department at Newcastlewould not give a clearance certificate. The repairs specified were not effected until September 13. No official note of I lie nature of the repairs was on evidence. The Mini was based on tho sum of £2 Is Id for expenses per day during a detention of days. I lis Worshii) was of opinion that tho plaintiff liacl shown a lack of judgment 111 his actions at, Newcastle. The supervision of tho work was very slack, as the boat had to be sent bade "a second time for repairs. It was quite as much the plaintiffs fault as that of the defendants that the vessel was detained so long. As ownens tho defendants wero liable for all ueceMniry repairs and all reasonable expenses. 'The plaintiff, however, could not orofifc bv bin own remissness, and the evidence showed I hat repairs could havo been completed in lew lhan 24 days. His Worsnip hold that 16 day.* was nil ample lime, and assessed the credit side of the alnount at. £1M 17s 4d, and tho debit £lf2 Is 9d, lcawng ,*l balance of £2 15s 7d, for which judgment would be given with costs £7 , for tho plaintiff and Mr B.air for the defendants.