DAMAGE TO CARGO.

Taranaki Daily News, 29 October 1921, Page 3

DAMAGE TO CARGO.

QUESTION. OF RESPONSIBILITY. AN IMPORTANT JUDGMENT, A judgment of special interest to shippers and importers was delivered in the Auckland Supreme Court recently by Mr. Justicb Adams, in the case of Hili and. Plummer, Ltd., merchants, v. the master and owners of the steamer Liberty. The case was taken up by the Auckland Importers and Shippers’ Protection Association, Ltd., to recover damages sustained to a shipment of wallpapers through becoming saturated with cocoa butter while on the voyage through the tropics. In the course of his judgment, Mr. Justice Adams said the defendants relied upon the protection of the exceptions in clause 6 of the bill of lading relating to loss or damage caused by leakage of or tai fit from other goods, and stated that they carried the goods in all respects in accordance -vith the contract contained in the bill of Jading. There was no doubt, continued his Honor, that the damage was caused by ! the negligence of the defendants. The name cocoa butter on the packages was ! sufficient to inform defendants of the nature of the cargo and the consequent risk of stowing with general cargo. It w usual to stow such cargo in a separate part of the ship, where it would do no damage by leaking. Afer. reviewing the evidence of Captains Hood and Fox, his Honor concluded: “I think it is sufficient to say that if a shipowner chooses to carry such cargo with general cargo, then, subject to any special exceptions in the bills of lading relieving him from liability, he must do so at his own peril, and not at the peril of the owners of other goods of which he is a bailee. I find, therefore, that the damage complained of was occasioned by negligence and breach of contract on the part of defendants.”

Judgment was given for the plaihtiffs for the amounts claimed, wita costs on the lowest scale and dTsbursements and witnesses’ expenses to be fixed by the Registrar.