THIS DAY.

Auckland Star, Volume VI, Issue 1667, 22 June 1875, Page 3

THIS DAY.

His Honor took his seat at 10 30. Mr. Hesketh for the plaintiff, and Mr Whitaker for defendant.

Mr Whitaker respectfully submitted that the plaintiff should be nonsuited, as no evidence had been produced to shaw that there was any negligence on the part of the ship ; the ship was not liable for delay breakage or damage, and the whole matter rested with the question of improper stowage, aud it was absolutely essential thut evidence of gross negligence or improper stowage should be forthcoming. He believed that the damage was done previously to the goods being shipped, and without such necessary evidence hi 3 learned friend could not possibly support the action.

Mr. Hesketn addressed the Court for plaintiffs, and submitted that the condition of tbe case, for which the receiver would not give a clean receipt, was of itself evidence of negligence, and for such improper treatment the master was held to be liable. It was clear further that the breakage of the elates were of recent date. He had also shewn that there had been a blow, which was not denied, and he submitted that ample evidence had been brought forward in favor of plaintiffs' claim, and was sufficient to call upon the ship to answer for the damage done.

His Honor said that as there was the indentation in the ease, he thought that would be primafacie evidence of improper .stowage, antl if that case was in a bending position, as had been shown by witnesses, tbe damage might thus have been caused, and he thought the master should be called upon to shew that the case was properly stowed. Roger Morrison, master of the ship Emily McLaren, deposed that he saw tbe cases in London, and they were properly stowed ; he was not aware that they had been damaged; he saw them taken out "of the hold, and described their position on the wharf. The evidence of Mr Best was untrue in respecb of their position.