SUPREME COURT

Dominion, Volume 10, Issue 2935, 22 November 1916, Page 11

SUPREME COURT

"BOILED" BANANAS

CLAIM AGAINST UNION S.S. CO

At the Supreme Court yesterday, before the Chief Justice (Sir Robert Stout) and a common jury of 12, the hearing was continued of the action brought by Griffith and Co., Ltd., fruit merchants, Wellington, against the Union Steam Ship Company, Ltd.-, a claim for £790 for damage alleged to have been caused to a shipment of 1829 cases of bananas transhipped from the s.s. Taluue at Auckland, and brought to Wellington in the s.s. Kamona. ' On Monday evidence was called on behalf of the plaintiff with the object of proving that on arrival of the fruit at Auckland it was in quite good condition, and that after being transhipped on the s.s. Kamona it suffered practically total destruction in the hold of that vessel, through alleged improper stowage and the non-provision of sufficient veitilation, and this, it was alleged, was negligence on the part of the defendant company. The case for the plaintiff, for whom Mr. C. P. Skerrett, K.C., with him Mr. R. Kennedy, appeared, closed yesterday morning. Mr. T. M. Wilford, who, with Mr. P. Levi, appeared for the defendant company, then outlined the case for the defence. He 6tated that ho would prove conclusively that when the fruit arrived in Auckland it was varied in colour, being green, black, and yellow, and a large quantity was par-boiled. He further stated that when the fruit was taken out of the Talune it was stacked in sheds with iron roofs and iron sides, and no battens were placed between tho cases to allow of the passage of air. The fruit cases dripped and "wept" on to the floor of the sheds, and in consequence the manager of the Union Steam Ship Company at Auckland advised Wellington that a good proportion of the shipment of bananas was over-ripe. The' evidence of the men who stowed the fruit on the s.s. Kamona would be called, and it would be shown clearly thatthe holds of that vessel were well ventilated, tho cargo properly""ba r tened," and wind sails for ventilation set before the ship left Auckland. It would be proved that apart from the fruit 'weeping" while stored in the sheds that some hundreds of cases had to be put aside, and later they had to be stored on tho after deck of the Kamona, because they were too rotten to be stored in the. hold. There was at the bottom of No. 3 hold, sugar, on top of that were motor-cars, then came iron grids for freezing pipes, and on top of all the bananas. 'The holds were left absolutely opon, and everything possible was done to keep the fruit in good condition, until on the trip down to Wellington, when tho weather became so rough that, for the safety of tho ship, the hatches had to be closed down. The weather, was so rough that it took the Kamona 10 hours to do 30 miles, during which tho seas wcro breaking over. Could it be suggested that the captain-of the ship was. negligent in taking- precautions for the safety of his vessel. The defence generally was that there was no negligence, and on behalf of the Union .Steam Ship Company, he desired to repudiate • the suggestion of barefaced swindling made on tho previous day in regard to. a telegram sent Btating that the shipment was over-ripe. Mr. Wilford wont on to say that Captain Plunkott, Lloyd's surveyor at Auckland, had reported that some of tho shipment was bad—over-ripe and parboiled. Counsel for the plaintiff had suggested to the jury that 1829 cases of. hard, green '.bananas had been' put on the Kamona, but lie (Mr. Wilford)' would suggest that his_ friend had overreached himself in trying to prove too much. Evidoncc in support of counsel's opening statement was thou, called. The following witnesses were called:—Captain T. I). Sowell, who was in command of the Kamona; G. G. Robinson, assistant wharfinger, Auckland; Win. M'Gee, assistant foreman Union Steam Ship Company, Auckland; Howard Woodroffc, waterside worker, Auckland; Henry Morrah, foreman Union Steam Ship Co., Auckland; Captain Pluiikett, Lloyd's surveyor, Auckland; William Wliitcfield, late chief officer of the Kamona; Philip Cook, claims'clerk. Wellington; Robert Richards and Thomas Kerwin, wharf labourers, Wellington. The case had not concluded when the Court rose. . ' NEW PLYMOUTH SESSIONS. By Telegraph—Press Association. New Plymouth, November 21. The Supreme Court opened this morning. Thcro was no criminal business. Decrees nisi were granted in the cases Atholinda'Doaiv v. Richard E. Dean, desertion, and Stephen Danes v. Annie L. Danes, desertion.