RIMUTAKA'S CAPTAIN SUED

Dominion, Volume 7, Issue 1976, 5 February 1914, Page 5

RIMUTAKA'S CAPTAIN SUED

t -:: BY A CONSIGNEE,

(By Telegraph.—Press Association.) -..,.• ■■/ Auckland, February 4. ■ An action was instituted at tho : Magistrate's Court before Mr. C. C. Kettle, S.M;,/by Wm. Cook and Sons, (Mr. M'Gregor) against Frank Hemming (Mr. Richmond), master of tho Rimutaka, .by which plaintiffs sought to recover, asum of £20 for damage alleged to ; have been done to a coil of;wire during the voyage from Liverpool to ■ Auckland.' .■; : : ■ ■ ■ ■; Jh.openiiig tho case counsel for plaint tiffs stated that' he was proceeding against the master of the ship because, irrtlio bills of lading, there was a'clause which exempted owners from any damacbs,caused by neglect on the part of .their officers,(and he submitted that tho captain was also responsible for any , neglect on the part of his officers; Hβ would, prove by the,bill of lading that the; wire was in apparently good order when it was shipped, and that it was : damaged, when discharged at Auckland. That, -in his opinion, would constitute a-case for defendant to .answer. ~"■'■ ' ■In,.tho' course of evidence it was stated that: the second officer of the vessel: had admitted that the coil had been lashed to a, stanchion.by a Manila 'rope, ...and-that-.it had broken loose- in rough weather, thus causing damage., It was ■ ?u »*s med; V. witnesses that this -method .of, securing cargo, in the ab,se™<> of means of packing, was bad. . Air. Richmond moved for a non-suit on the ground that no. personal negligence had been -shown against defendant that no evidence had been produced *° rl s ]w + h , ow th « .goods wore shipped, and ihat the captain was not responsible for the acts of his subordinate officers; . At tins stage tha Court adjourned