LOSS OF DIVING SUIT.

Otago Daily Times, Issue 20088, 3 May 1927, Page 9

LOSS OF DIVING SUIT.

LENGTHY STORAGE PERIOD. OWNER’S CLAIM FALLS. (Special to Daily Times.) WELLINGTON, May 2. Whether people who had nearly three years ago to look after certain articles for a few days were liable for the recent disappearance of those articles, in regard to which the owner did not start to pay storage until last October, was the question which Mr J. G. L. Hewitt, S.M., was called upon to decide iu the Magistrate s Court on Saturday. The case was one in which Frederick Davis, an ironmonger s assistant, of Patea, proceeded against T. and G. Barnao, G. Zino, and G. Bonica, fishermen, of ' Island Bay, claiming £l4O damages as the result of bailing left with the defendants a diving suit and apparatus which had subsequently disappearedThe evidence showed that nearly three years ago Davis, who intended commencing diving operations for a quantity of rails that had been lost in a wreck at Tcrawhiti, went out to Island Bay and asked the defendants, who were in partnership at the time, whether he could leave his gear in one of their sheds. The defendants, on the understanding that the plaintiff would call for it within two or three days, agreed. Davis did not call, however, and the diving suit remained where it was for two years. A man named Gardiner, the real owner of the suit, located Davis last October, and thereupon called on the fishermen, agreeing to pay them 2s fid a week storage. Shortly afterwards the defendants sold out their business, and a few days afterwards it unaccountably disappeared. The Magistrate held that there had been no neglect or negligence. The plaintiff had seen the shed before he left the sear there, and should have been able to form his own opinion whether or not it would be safe. He would give judgment for the defendants, with costs according to scale. , Mr Winder gave notice that ne intended to appeal.