RESIDENT MAAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 2048, 27 November 1869, Page 2

RESIDENT MAAGISTRATE’S COURT.

This Dat. (Before A. C. Strode, Eaq., R.M.) DRUNKARDS. William J. Braithwaite and Jolin Greene were each fined 10s, or twenty-four hours’ imprisonment. Civil Cases. Turnbull and Co. v. Captain Benner, of s.s. Rangatira, was a claim for L 3 11s 6d Mr Harris for the plaintiff, and Mr M'Keay for the defendant. Tlios. Goodsir, clerk to Messrs Turnbull and Co., stated that on the 23rd of August last their firm received by the Rangatira 13 casks of cement. At about ten o’clock on the morning of that day witness went to Mr Sly, agent of the vessel, as they could not get delivery of the casks until freight was jmid. He demanded LlB 17s fid for freight, charging each cask at 3| cwts. Witness demurred to the charge. Ultimately Mr Sly took 1-17 10s. It was in consequence of the refusal to deliver that the plaintiffs did not take the casks away. Witness saw some of the casks landed ; they appeared to be handled rather roughly. In cross-examination, witness said he first saw the captain He would not swear that he did not tell him to land the cement, but it was very improfiable that he did so. The plaintiffs telegraphed to the agents of the N.Z.S. N. Company at Welling'on. J. Fisher, wharfinger at the Rattray street wharf, said he received a number of casks of cement in the shed in the month; they were stored to the account of Messrs Guthrie, Asher and Co. They were put in by the crew of the Rangitira. He did not see the casks landed. When they were put in the shed the heads of three of them dropped out. Mr Asher-, of the firm of Guthrie, Asher and Co., said their firm purchased the cement from the plaintiffs. Thirteen of the casks were damaged, and out of one of them fully a cwt of cement had dropped. A survey was held by Mr Condon, a contractor. The plaintiffs allowed them L 4 4s fid. W. Smith, wharf carter, carted some of the cement from the shed. He signed in the ship’s books for seven casks more or less damaged. Another carter, named Davie, said he signed for three casks more or less damaged. W. Sly said he received a telegram from Wellington instructing him to charge freight for the cement at 3 k cwt. per cask, and accordingly he settled with the plaintiffs for LI 7 10s. When the vessel arrived he did not know what to charge. Mr Goodsir promised to have six of the casks weighed, and by the average weight the charge should be made. The average of the six weighed was 3 4 cwt. He never refused to deliver the cement unless freight was first paid. At 4 o’clock on the afternoon of the 23rd August he gave the plaintiff’s notice if the cement was not taken away he should store it. Mr Goodsir then requested him to have it put in the jetty shed, as if it was stored it would cost more than they could get for it. Mr Goodsir, re-called, denied having told Mr Sly to put the cement in the shed. There was some reference made to the weather, and Mr Sly said he would not chance leaving the cement out on the wharf. For the defence, Captain Renner stated that on the morning of the 23rd August he was instructed by Mr Goodsir to put the cement out qf the ship’s hold on to the wharf, which was done. It was landed in the same condition as it was received at Wellington. In the evening it was put into the jetty shed, because Mr Sly wanted it under shelter in case rain should come on. Mr Sly said if he had wanted to store the cement he could have sent it to his own store and thereby gained a benefit. Mr Fisher, wharf man, received instructions to store from Mr Sly. The chief mate of the Rangatira said the cement was landed in the same condition as it was received at Wellington. The Magistrate considered that Mr Sly had held control over the goods all the time, and the defendant was therefore liable for the damage sustained by the plaintiffs. Judgment for the amount claimed and costs.