BIG SHIPPING CASE.

Dominion, Volume 3, Issue 766, 15 March 1910, Page 4

BIG SHIPPING CASE.

DAMAGE TO THE S.S. KAIPARA. The service of the notice of the claim for £180,000. by the New Zealand Ship, ping Co..against the Auckland. Harbour BoaM in regard to. the damage to tha. S.S., Eaipara does'not necessarily.. that the case will como before the Court, but merely preserves the right of action, as provided by the Harbours Act. It is contemplated that the writ .will be issued in connection with the case in about a month. According to. the Auckland "Star," the exact . extent of. the liability (if any) of a harbour board under such circumstances has' never been . decided. ' In the notice which has been served, the alleged breaches 'of duty and negligence on the part of 'the board are particularised as follow:— 1. That the board neglected to keep the portion of the channel in question in a safe condition for using the same. . 2. That the board neglected to survey or otherwise ascertain the state of the channel. v 3. In that being aware that this • particular portion of the channel was in a dangerous condition for ships of the'Kaipara's class at the state; of the tide at which the' Kaipara was navigating it: (a) the board gave no warning of such dangerous condition, and (b) it did not buoy or otherwise .indicate the locality of the hidden danger. 4. The board caused buoys to be placed in the channel for guarding ships using it in improper and misleading positions. 5. The board caused the positions of such buoys to bo wrongly shown on the official charts. 6. The board caused, to bo published in the New Zealand Pilot and Nautical Almanac 'erroneous information respecting the channel, both as' regards the depth of water and the positions of the buoys . and, other guiding marks.. 7. That, being aware of. these ' facts, the board took no steps to rectify such improper. positions, the charts, or the erroneous information, and gave no notice or warning of them, or of the actual depth. ■ S. That, notwithstanding these premises. the board invited and permitted tho Kaipara to navigate the channel.