NEW ZEALAND NEWS.

Dominion, Volume 4, Issue 964, 3 November 1910, Page 11

NEW ZEALAND NEWS.

(By Tcleeraph.-Prcss Association.) BROKEN CLASS BY SEA. THE MERCANTILE LAW ACT. I Dargaville, November 2. A rather interesting case, affecting the liability of the Kaipara S.S. Company touching tho carriage of plate glass, was disposed of Hn tho Magistrate's Court to-day. James 0. Wiggins, carpenter, sued the company in question for £20 10s. 6d., being the value of a plato glass window alleged to have' been broken in transit through the negligence, , of defendant company. The package -first of all came by rail from Auckland ■ to . Helensville, and there- is was passed on to the Kaipara Company's boat for-transit to. Dargaville, the railway receiving a\ receipt from the first officer of the ■ steamer. Upon arrival at Dargavillo' the - plate glass was found to bo broken, and plaintiff refused to take delivery. Mr. Coates. who appeared for plaintiff, said that the caso was brought under Section 317 of the Mercantile Law Act,, which placed an absolute liability upon common carriers without limitation, unless Buch limitation were stated upon the receipt, and were hold to bo fair and reasonable by the Court. In. thjs case there was no special contract limiting liability, and by the law of estoppal he contended that' defendants were prevented from going behind tho receipt given by them to the railway. His Worship held that negligence on the part, of-the company would have to be proved. Eventually a nonsuit was entered up, two guineas out-of-pocket expenses being allowed. APPROPRIATED MAIL MATTER. Dunodin, November 2. Frederick Alex. Urquhart, a postal messenger, pleaded guilty in the Lower Court .this. morning. to stealing a lotter containing a £1. postal note. Hβ was committed to the Supreme Court for sentence. FEWNESS OF ELTHAM FIRES. . Eltham, November 2. A fire occurred at 2 a.m. in a twostory building occupied by Mrs. Wishaw as tearooms and boardinghouse: The night was calm, arid ■ the brigade confined tho fire to the - rear portion of the premises, which were gutted, other portions being damaged by - smoko and water. Tho..building was owned by a Stratford resident. It was insured for £500, and the furniture for £150 in tho Koyal Assurance. The damage is estimated at £150. This is the first fire in Eltham for three years.