ALLEGED PILLAGED CARGO

Dominion, Volume 12, Issue 2, 27 September 1918, Page 6

ALLEGED PILLAGED CARGO

RESPONSIBILITY OF SHIPOWNERS. In the Magistrate's Court yesterday. Mr. W. G. lliddell, S.M., fras called upon, to give a ruling in respect to a new aspect bearing upon the responsibility of shipowners. The.case was that of Laery, Beveridge and Co., Ltd.,. against the New Zealand Shipping Co., Ltd. Mr. F. E. Ward appeared for the plaintiffs and Mr. A. W. Blair for the > defendants. • •

Mr. Ward said tlwt the- plaintiffs sought to recover £1 Ob. Bd., but really the claim oonoeri.ed considerably more than the recovery of the Bmall sum mentioned, for it involved the principle as to whether the shipping company, by means of a rubber stamp imprinted on bills of lading, could evade responsibility for pillaged cargo. The plaintiffs imported 75 cases cf brandy, fifty of "One Star" and twenty-five of the "Three Star" brand. When the cases were examined it was found that a dozen bottles of each of tlio brands of brandy had been broken, that one bottle of "One Star" and two bottles of "Three Star' had been pillaged. No claim was made, for the broken bottles. The shipping company had issued a bill of lading marked "Shipped in apparent good order and condition," with at the bottom, stamped with a rubber Btamp, but not printed, the words "Ship not responsible for quantity of contents." It was contended by oonnsel that the bill of lading was conclusive proof that 75 cases had been received and that the ship-' ping' oompiny was responsible for that amount.

'Mr. A. W. Blair, for the defendant .shipping company, urged that tho plaintiffs could not' succeed as it had not been shown by them that the good a arrived in Wellington in other than apparent good condition, and until this was done no onus was caßt upon the shipping company. Counsel then called evidence to show that apparently the cases were in good order when received in Wellington, but when weighed they were found to be below the proper weight. He cases were examined for marks which would indicate that there had been pillaging, but the thieves had evidently" been artists in their line, for no such marks were visible. _ After hearing considerable evidenoe the Magistrate reserved his decision.