LIABILITY OF STORAGE COMPANIES

Dominion, Volume 12, Issue 222, 13 June 1919, Page 5

LIABILITY OF STORAGE COMPANIES

DAMAGE CAUSED £Y RATS. By Telceraßh,—Preea Association. Christchurcn, June 12. The liability of etoroga companies for daiungo 'to goods in their possession was the subject ot a judgmeiit delivered at Hit Magistrate's Court by Mr. S. G. McCarthy, S.M. The case was that in which ticorgo Gibson Buick sued J. M. Hey wood and Company, Ltd.,.. for £85 iu respect to damages alleged to have been sustained by plaintilf by reason of the defendant company having negligently carried out a contract for storage of plaintiff's goods -entered into by the defendant company with tile plaintiff. Tho Magistrate said the conditions oil the receipt absolved tho company from .liability in respect, to many causes by 'which goods might bo damaged, but damage" by rats was not ono of these. The defendant company was not an insurer of tho plaintiff's goods',. but was merely liablo for negligence not relating to tho exempted' causes. A duty, was cast on the company to prevent damage by rodents. No such steps wero taken, and as a result tho activities of the rodents romaiued unchecked, and it w<is to be observed that when tho plaintiff went to tho defendant's store to uplift his goods, they could not. at first be found. These facts amounted in law to negligence, and li£ assessed damages on that head nt ,£ls. Judgment w«s given for plaintilf for ,£l7, and for the defendant company for the balance of the claim, as the company had succeeded as to tho greater part of (he claim. Judgment would 1m silent as to costs. ; — ~