RIMUTAKA'S CAPTAIN SUED.

Dominion, Volume 7, Issue 1979, 9 February 1914, Page 8

RIMUTAKA'S CAPTAIN SUED.

THE CONSIGNEE WINS. : (By T<lesr«ph.—Press Association.) Auckland, February 8. . Judgment for plaint His was given by Mr, Kettle, S.M., at tlio adjdurned heating of ihe case William Cook and Sons v, Frank Hemming, master of s.s, Rimutaka, in which £20 was claimed for damage alleged to have been done by tlio improper storage of a big coil of wife rope on the voyage from Liverpool to A nek la lid. _ His Worship said that-, on tlio qttes- : tion of fafetj lie liad 110 doubt tliAt- t'iia ' wire was not properly secured at Sydney. I[o imist assume tbat it was shimied in good order and condition, ana tho bill ct lading,, which said' that it was snipped in "apparently" good order, must bo taken as a statement oj.i behalf of tho captain. On the authorities cited ift the ease the .captain was responsible for tlie storage of the cargo ' on his ship unless that duty was specifically placed in the hands of some other person. In this. case ho had left the matter to tlio second officer. The weather, his Worship considered, was ivot so rough that an "act of God" could bo pleaded, and it was, in fact, tho duty of the ship's officers to anticipate socli weather.. Judgment was 'for .■ plaintiffs, tlio amount to bo left for settlement. Mr; Richmond was given leatfo to appeal if he saw lit on certain legal points.