CLAIM FOR LOST WOOL

Dominion, Volume 14, Issue 97, 18 January 1921, Page 8

CLAIM FOR LOST WOOL

JUDGMENT FOR DEFENDANT.

Tn the Magistrate’s Court yesterday Mr J S. Evans, S.M., gave his rescried judgment in the case of Ellen Jane btewart of Levin, formerly oi leildni;,, claim for £132 15s , against the Department, for the loss ot h\e bale wool, alleged to have been sustained uy the complainant, through the negligence vf Hie Department whilst the wool was in transit from Feildm o to Wellington. The case was heard some time a„o, Mr II F. von Haast appearing for the plaintiff, and Mr. P. S. K. Macassey tor the Railway Department. In the CM dence for the plaintiff it was alleged that eleven bales of wool wore delivered by a carrier named Guy to the railway at Feilding, for carriage to V ton, the wool being consigned to the Bank of New Zealand. It was stated that five of the bales were not delivered to the consignee. The plaintiff claimed in detanue and alternatively for damages for breach of contract, and for alleged negligence. , For the Department it was contended that there was no proof of delivery ot the five bales, that no receipt was obtained from the Department, as required bv the Railway by-law No. 31, and, further, that the claim was barred by section 37 of the Crown Suits Act, 19(18, and that no action for detanue would lie. The Magistrate agreed with Mr. Macassey’s contentions, and gave judgment for the Department.