RESIDENT MAGISTRATES' COURT.

West Coast Times, Issue 971, 2 November 1868, Page 2

RESIDENT MAGISTRATES' COURT.

Saturday, Oct. 31, 1868. (Before G. G. FitzGerald, Esq., R.M.)

civil cases,

Louisson v. Robson. — Claim for £99 19s against the master of the Mary Ann Christina for damage done to potatoes and oats shipped by plaintiff at Lyttelton for Hokitika, through negligent stowage on the part of defendant. Mr Rees for plaintiff, Mr Harvey for defendant. Plaintiff's case was that the goods had been shipped in good order and condition, but that on the arrival of the ship in Hokitika the oats and potatoes were found to be dnnaged in consequence of a quantity of cheese which had been stored on the top of them having melted and run down amongst the cargo. A survey was held, and the damaged goods sold by auction at a considerable loss. The defence was that the damage was within the exceptions mentioned in the lull of lading, viz., the dangers and accidents of the seas ; and, in support of this, evidence was adduced that the ship left Lytielton on the 18th September, but did not arrive at the wharf, Hokitika until the 23rd October; that during the greater part of the voyage the weather had been so tempestuous that part of the cargo had to be thrown overboard for the safety of the vessel, and the preservation of the rest of the cargo j th&P the 6»rgo wim» properly stowed &ud

the vessel well dunnaged, and that the damage arose from the sweating of the cargo through the water made by the ship during the heavy weather. The ship was a good seaworthy vessel.— Rebutting evidence was given on the part of the plaintiff, to prove that the ship was not properly dunnaged, as part of tiie cargo was taken off the ship's skin.— His Worship gave judgment for plaintiff for full amount claimed, with costs, on the ground that the vessel had not been sufficiently dunnaged. Churches v Robson. — A case arising out of the ssame circumstances as the last. Plaintiff claimed £75 19s 4d, damage done to cheese shipped on board the Mary Ann Christina.— Mr Button for plaintiff, Mr Harvey for defendant. — Judgment for plaintiff for full amount claimed with costs.

The Court then adjourned.