DAMAGED CARGO.

Otago Witness, Issue 3773, 6 July 1926, Page 7

DAMAGED CARGO.

WELLINGTON, June 29. A reserved judgment of importance to merchants regarding liability for damaged cargo was delivered by Mr E. Page, S.M., in the Magistrate’s Court. The parties were Laery, Beveridge, and Co., plaintiffs, and the Commonwealth and Dominion Line, defendants. The facts showed that on October 3, 1925, Arthur Bell and Sons, of Perth, shipped on the Port Bowen at Glasgow U casks of whisky, seven quarters, and seven' octaves, to be carried to Wellington. Upon arrival one of the quarter casks was found empty, and an examination revealed the cask to he in a. damaged and leaking condition. Plaintiffs claimed to recover horn the defendants, agents for the ship, the vahie of the missing whisky, amounting to £43 15s sd. His Worship said the liquor might have all escaped through leakage. Plaintiffs contended that the leakage must have been caused by violence while on, or being placed on, the ship. Defendants said the leakage was due to a defect in the cask or to natural shrinkage in the timber. He was unalle to find affirmatively which theory was correct. Apart from any provision that might be contained in the bill of lading, the liability of a common carrier for loss of, or damage to, goods while being carried did not extend to loss or damage due to an inherent defect in the thin* carried. Evidence was given that the casks in which Bell s whisky was forwarded wore exceptionally strong and well made, and were nevei huown to leak. Mr Page said he did not think that the loss of the total contents of one cask cattld bo said to come prima facie within the exception relating to “inherent defect, quality, or vice” in the goods. To obtain the benefit of the exemption in the bill of lading the shipowners would have to show that the loss fell prims facie within the exemption. That they had failed to do. He gave judgment for the amount claimed, with costs to scale. Security for appeal was fixed at the amount of the judgment, plus the costs (£lO 10s).