COURT OF APPEAL

Dominion, Volume 11, Issue 184, 24 April 1918, Page 8

COURT OF APPEAL

SALVAGE OF A SHIP

VALUE OF SERVICES DISPUTED

In the Court of Appeal yesterday, before Their Honours Mr. Justice JMivards, Mr. Justice Cooper, Mr. Justice Chapman, and Mr. Justice Sim, argument was continued in connection with tho Union Steam Ship Company's appeal from a decision of tho Chief Justice, Sir Robert Stout, awarding them ,£IOO9 for the salvage of a vessel which went on the rocks at tho entrance to Wellington. Harbour on Juno 18 last. The Union Company claimed .£BOOO on account of tho services rendered by tho Terawhiti to tho distressed vessel.

Mr. C. P. Skerrett, K.C., with him Mr. P. Levi, appeared for the Union Steam Ship Company (appellants), and Mr. M. Myers, with him Sir. L. L'E. Edwards, for the owners of the ship (tho respondents).

In replying lp Mr- Skercett's argument, Mr. Myers traversed the evidence to show- that the Terawhiti ran into no danger in assisting the distressed vessel; that the latter ship, although earlier in the night in a position of, danger, later floated off, and was in perfect safety as long as there- ■ was nochange in the direction of the wind; that the 'J'orawhiti never got nearer than 600 feet of the distressed vessel, but anchored about that distance away; a message rope was sent out to the Terawhiti, and she hauled from her position at anchor an lßin. hawser from the stranded vessel; the vessel had previously anchored as soon as she became afloat. The Terawhiti then commenced to tow, while the distressed vessel slowly let out hor anchor chain till she was in a position to slip her anchor altogether. Sho then came straight out to the fairjyay. Counsel contended that these facts sufficiently met the exaggerated claims as to the risk tho Teruran and tho value of hor services. Mr. Myers quoted decisions of the English Courts, showing that the Court of Appeal was ever romctant to alter an awaTd of tho Admiralty Court. In the light of several cases referred to the amount awarded by tho lower Court in tho present action was amplo for the services rendored, considering thoso services amounted to little more than towago, and that the element of danger was practically non-existent. Further hearing in tho case will be taken this morning.