A GASOLINE CONSIGNMENT ACTION FOR DAMAGES

Southland Times, Issue 17962, 13 December 1918, Page 5

A GASOLINE CONSIGNMENT

ACTION FOR DAMAGES

(Per United Press Association.)'

WELLINGTON, December 12. In the Supreme Court W. M. Bannatyne and' Co., claimed from Egnal Hannibal Christensen, master of the American schooner Bertie Minor, £2064 for damages to a consignment of gasoline through the influx of water during the voyage from ’Frisco to Wellington. The defendant waa sued as the representative of the owner.

The statement of claim asserted that the schooner was unseaworthy, her side planking being defectively caulked and the drains and pipes leading into the bilges blocked, while in the lower hold there was no dunnage, or insufficient dunnage. It was also •claimed‘that the cargo was negligently and improperly stowed.

Plaintiffs’ counsel stated that the damage to the cargo was brought about by constant contact with salt water.

Archibald Walker (surveyor to Lloyd’s Register at Wellington )gave evidence that he surveyed the schooner during discharging operations. In his opinion the, cargo was not properly stowed. Witness attributed the damage to faulty stowage, lack of dunnage, and carelessness in not seeing that the drains were cleared.

■ Captain Chudleigh (marine superintendent for the Shaw, Savill, and Albion Com-

pany) stated that in his opinion the stowing of case oil on the lower deck flooring ■without dunnage was an improper proceed-, ing, and the use of dunnage was mors necessary in a wooden than in an iron vessel. Counsel for the defendant said it was not disputed that there was no dunnage, but dunnage would make no difference. A storm was responsible for the trouble. Such damage to cargo was the result of a risk Which every shipper took. The defence claimed that the damage was the result of a risk which every shipper took. The voyage tvas long and tempestuous. During the last- three weeks, off the New Zealand coast, when the rudder carried away, waiter was getting into the ’tween decks. The vessel must have been seaworthy or she could not have reached New Zealand.

The jury returned a verdict for awarding £IOO7 18/-.