THE WAR LORD CASE.

Press, Volume LXI, Issue 18416, 24 June 1925, Page 13

THE WAR LORD CASE.

PLAINTIFF NONSUITED. (rRESS ASSOCIATION' TELEGRAM.) WEI,LIXGTOX, June C 3. At iho conclusion of the hearing of evidence in connexion with the claim for £2650 insurance alleged' to be cluo in respect of t-he schooner War Lord, which was stranded sfc AVaikokopu, his Honour ilr Justice Ostior sf'id ;t seemed to him that all that plaintiff had proved was constructive total less. Tho War Lord had not ceased to bo a. ship. Tho only point for them was tho meaning of tho policy when it- referred to "An absolute total lop?," to be ho thought, the ship would require to be a completo wreck. Mr Luslr, for the plaintiff, submitted that tho evidence showed tho vessel to bo so badly damaged aB not to justify any action being taken to refloat her. lie contended tho owners v.ero irretrievably deprived: of the use of tho vessel Mr the purposo for which if; had formerly been used. His Honour said it wa3 clear the vessel had not ceased to be a ship, and that the owners had not ev-en lost the uso of it. Their Riving notice of üba,nrlonmeni did not alter position. This being so, plaintiffs could not succeed, and must he nonsuited, with costs.

PORT OF TIMARU. Arrived. Covinna, from Oamaru. Sailed, Corinna, for Lyttelton. Expected Arrivals. Kamo, from Oamaru, to-day. Canopus, from Lyttelton, to-day. Opihi, from Oamaru, to-day. Calm, from Oamaru, to-day. Wanalta, from Oamaru, Friday. Gale, from Oamaru, Friday. Breozo, from Oamaru, Saturday. Pakeha, from Wellington, Saturday. Ivumara, from Oamaru. Sunday. Storm, from Oamaru, Monday. Kawatiri, from Oamaru, Monday. M'aikouaiti, from Lyttelton, Monday. Itipa, from Oamaru, Tuesday. Wingatui, from Oamaru, Tuesday. Projected Departures. Kamo, for Lyttelton, to-day. Opihi, for Lyttolton, to-day. Calm, for Lyttolton, to-day. Canopus, for West-port, to-morrow. Wanaka, for Lyttelton, Friday. Gale, for Lyttelton, Friday. Breeze, for Lyttolton, Saturday. Pakeha, for Lyttelton, Monday. Storm, for Lyttelton, Monday. ICumara, for Wanganni, Tuesday. liipa, for Lyttelton, Tuesday. Waikouaiti, for Hobart, Tuesday. NOTES. The Corinna loaded and sailed last night for Lyttelton, Wellington, Nelson and New Plymouth. The Kamo is due from Oamaru to-day to take in cargo for Lyttelton, Wellington, Napier and Gisborne. Another arrival from Oamaru to-day should be the Opihi, loading: for Westport, via Lyttelton. Tlio West-port Coal Co. expect tlie Canopus from Lyttelton to-day to discharge coal. She will sail to-morrow for Westport to load for Lyttelton. The Calm Bhould arrive from Oamaru today to load general produce for Lyttelton, \Vollingtou, and Wanganui. The Gale is scheduled to load for the same ports on Friday, and the Breozo on Saturday. The Wanaka is due on Friday _ from Oamaru, loading for Lyttelton, Wellington and Auckland. The next steamer for those ports will be the Wingatui, due here from Oamaru on Tuesday. The Paliehfi should arrive from Wellington on Saturday, for Homeward loading under t-ho auspices of the N.M. and A. Company. Sho will sail for Lyttelton on Monday.