CLAIM FORE DAMAGES.

Poverty Bay Herald, Volume Li, Issue 16894, 26 November 1925, Page 8

CLAIM FORE DAMAGES.

BOSS OF IMP PEE. UN BE A WORTH V CONDITIONS A EL EG ED. (Ter Press Association.) WELLINGTON, last nighl. A claim by Aland Ellen Nicholson, widow of the late chief officer of the Ripple, which was losi in a storm off (Jape Palliser on August 7, 1921, for £ISOO damages from tin- nwneri- of the steamer, Richardson and Co., Napier, comnicnced before Mr. .lustice Alpers al the .Supreme Court. Plaintiff’s err-e alleges that Ibc ship wont to sen in an nnsoawnrtiiy condition, owing to the way ibc cargo was slowed, and the cuni| any did not ascertain the advice ,*r the Government meteorologist as to tho prospects ol danger in a storm. Arthur Page, lighthouse keeper atCape Pa Riser, said that lie saw the vessel 111 roe miles off’. The vessel sent up an 8.0.8. about 12.20. He found she was the Ripple and got in touch with Feathers!on, and then to Wellington. The Hippie asked if lie had established communication with Web lington. He got in touch with Caplain Paterson, who stated he was sending the lug Terawliifi from Wellington. About 2 p.m. the vessel disappeared. Ho bad never seen a more severe storm on the East Coast than that of 1 lint night. Daniel Bates,'Director of Ihe Meteorological Office, produced records dealing with the date, lie hud forecasted a disturbance and the storm eventuated on the sth. On the morning of the Gtli lie issued a special warning of heavy gales northward of Cook Strait. Tne storm developed especially in the evening. The centre of the storm was at Cape Palliscr. The seas would be at their worst, there between !1 p.m. mill 8 p.m. Witness said he was often rung up by captains of vessels as to the weather likely to obtain and told them that they were risking their lives bv going to sea under certain conditions. Joseph William Friar, a wntersider employed loading the Ripple, said she was a most, difficult boat to load and was likely to flop any way. She had to be- loaded with extreme care or site would list. He thought casks were the most dangerous: kind of cargo to stow and should not under any circumstances be used to trim a boat. Casks were dangerous cargo on deck, as they were difficult to secure and easily broke loose. Robert Edwards, plumber, and Martin Johnston, second cook of the Kamo, deposed to the Ripple having a decided list to port when leaving harbor. At this stage a witness for the defence, Captain Marlin, master of tho Wait on., was called. Ho said the Waiioa left Inter than the Ripple. Five others left the same afternoon. Frederick Howell, able seamen and assistant secretary of the Seamen Union, said lie had worked on the Rippjo and had assisted loading the vessel. She was a “touchy” ship and required careful loading. The Ripple had a list. IT Cnpt. Tomlinson said he liad examined the Ripple before she sailed and that she had no list, he would be committing perjury, and so would titter wiTiit'ssus who lnsdc similar statements. Witness did not katim ’Apple v-.ns sailing with such a list. Had be known that it would have been his dory to have advised the soamen to leave the vessel rather than take her to sea.

Mr. Watson at this stage asked for a nonsuit on the grounds that there was no negligence on the part of the defendant company or that deceased met death as the result of any negligence. There was no evidence as to cargo wrongly stowed. His Honor: There is evidence (hero was a preponderance of casks on one side. The ease was adjourned.