DAMAGE TO WIRE

Otago Daily Times, Issue 23005, 7 October 1936, Page 10

DAMAGE TO WIRE

SHIPPING COMPANY'S LIABILITY APPEAL AGAINST JUDGMENT (Per United Phess Association) WELLINGTON, Oct. 6. In March last year the Canadian Highlander brought from Halifax to « Wellington a shipment of about 100 tons of bright nail wire, but when landed here the wire was all more or less rusted and for this reason a very large quantity was unusable. The Auto Machine Company brought a Supreme Court action for £661 against the Canadian Government Merchant Marine as owners of the ship to recoup them for damage to the wire. The'Chief Justice, Sir Michael Myers, held that the rust or corrosion was one of the matters for which by the bill of lading the Shipping Company was excused from liability unless it was shown that there was negligence on its part which really caused the damage. He considered, however, that proper care had not been exercised in the stowage of the wire and the Auto Machine Company was entitled to recover damages, the exact amount of which Was to be assessed later. It was from this judgment that the Canadian Government Merchant Marine was appealing. After hearing legal argument the case was adjourned until to-morrow.