COURTS

Wanganui Chronicle, Volume L, Issue 12145, 19 December 1907, Page 5

COURTS

INTERESTING TO SHIPPERS

(Per Press Association)

WELLINGTON, December 17

Tho case of Lewis Rodd v. tho Westport Coal Company, in which a claim of £44 18s. 6d. was involved, came to a .conclusion this afternoon, when Mr. Riddell, S.M.. delivered reserved judgment. Tho plaintiff, a. master mariner, sued tho defendant company for expenses incurred during an enforced stay at Newcastle while bringing a sailing vessel, the Countess of Erro'l, from Sydney to Wellington., via Newcastle, on behalf of the defendants. His "Worship held that the plaintiff's offer of tho 19th August, to take the vessel to Wellington for £150. was accepted by the defendants, allowing him to take charge of her and engage a crew before the 26th of August. The counter offer of the defendants' agents amounted only to ia different mode of payment—that is, by commission on a , freight of coal loaded at Newcastle. On the 23rd August the vessel was cleared at Sydney by the Navigation Department, and on the 26th proceeded to Newcastle to load coal. On the 29th August the vessel was ready for sea, but) owing to> the complaints of the crew as to her condition, the Navigation Department at Newciastle would not give a clearance certificate. The repairs specified were not effected until the 13th September. No official note of the nature of the repairs was on evidence. The claim was based on the sum of £2 Is. Id. for expenses per da,y during a detention of 24 days. Hi? Worship was of opinion that tho plaintiff had shown a lack of judgment in his actions at Newcastle. The supervision o>f the work was very slack, a=) th 3 boat had to ba sent back a second timo for'repairs. It was quits as much! thrv nlaintiffV, fault that the vessel was detained so long as that of the defendants. He held that the* defendants were liable for all nscessarv repairs and all reasonable -expenses. The plaintiff, however could not profit by his own remissness. aiiclth'*' evident-' shower! that the repairs could have been completed in les<! thin 21 days. His Worship hold that sN'toon d'o.v^ w^-s amn's time, and ass-s'ed th? credit sid" of tV amount at £184 17s. 4d., ;nnd the debit £182 J*. 9d., leaving a balance of £2 15s. 7d.. for which jiulsn-ent would be given, with -costs £7 1?s. ATv. Gray apne-ared for tho plaintiff, *u*l Mr. Blair'fo-r the defendants.