APPEAL DISMISSED.

Star (Christchurch), Issue 16819, 23 August 1922, Page 7

APPEAL DISMISSED.

DAMAGED GOODS ON STEAMER, An appeal against a decision by Mr Wyvern Wilson, S.M. in Mason, Struthers, and Co. v. the master and owners of the steamer Essex was dismissed by his Honor Mr Justice Adams to-day. Respondents (plaintiffs in the lower Court), claimed £75 on account ,of damage to galvanised iron carried on the steamer lrom New York to Lyttelton. I ho Magistrate gave judgment for the full amount claimed. He found that the iron was shipped in apparent good order and condition, and on arrival at Lyttelton was damaged. His Honor said that there could he no doubt that the appellants (defendants in the lower Court), being common carriers, were liable as insurers except in so far as that liability was limited or excluded by the exceptions in the bill-of-lading. His Honor agreed with the Magistrate that the damage was caused by the presence of an unusual quantity of carbonic acid in the atmosphere. The only source of that excess disclosed by the evidence was the ship's furnaces, and that brought the case within the rule stated by Scrutton on l>ills-of-lacling. Costs, £7 7s were allowed. Mr G. Harper appeared for appellants and Air ('. 8. Thomas for respondents.