IMPORTANT JUDGMENT.
. A HARBOUR BOARD'S BY-LATVS. Nelson,- October 27. ; A : docisidn of' some importutico, boards was given by Mr. Bran?, S.H., in the caso Rankin r. tho llotuolta Harbour Board. Defendants, .acting as wharfingers under thoir by-laws, received a consignment'of sugar for plaintiff, and short delivered forty bag*. Plaintiff sued for breach of contract 'of bailment. Tho board offered no defence on the facts, but rolied on the by-lain;, which absolved them from liability, and on the fact that no notice of action was given, and the action was not commenced within three months as required by tho Harbours Act, Tho magistrate held that defendants, nrtinj a» wharfinger?, wcro bailees, and as they had received and charged for the sugar, if tno by-laws intended to relieve them from liability under such circumstances they vfero uiu e&souable. Section £l!l of the Harbours Act did not creato a special'stointo of limitation for breach of harbour:, board contracts, but applied only to wrongs done'in discharge of their public duty, and no notice wor necessary. Judgment was given for plaiatifT for the amount. claimed.
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Dominion, Volume 3, Issue 649, 28 October 1909, Page 7
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180IMPORTANT JUDGMENT. Dominion, Volume 3, Issue 649, 28 October 1909, Page 7
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