SUPREME COURT.

Evening Star, Issue 4258, 19 October 1876, Page 2

SUPREME COURT.

- CIVIL CASES.

: ’ ■ ■ (Before Ms Honor Mr ‘ and a .Special Jxaj.y^TTff , : — y**tuv >' // ■ MICANDBEW V. NAirdHAfc FHfflj'SjffD Marine Insurance 'Vas an action to recover the amount of-wraplicy ofinsdrance over goods lostina vSatod on the passage from the Bluff to SydiHmoJUMr with him Mr Stont, appeoTed! for plaintiff ; Mr JMacastay, withbW Mr Ste- • Wart; for the defendants. :V ~' T being called oveT.ftbree gentlemen excused from serving on the eround of being shareholders' in theifational Insurance Company* *;■ \ \ <? ■; y - 'Mr Stoat, in opening 4he: case; said Mr James Macandrew, aaSuperintefident.o'fithe Province of Otago, became: tain railway plant and rolling Xhich was sold to the New South Government and shipped at the Bluff for Sydney in the barque Cssarewitphj which %at«bt on the voyage. . .The issues to be,answered were to the following effect :~B&thophda. tiff tiie plant *m f the the Huff. to Sydney? w&'dfcn Replant wholly lost on June 2of by perils of the sea inmred hr \ policy - issued •>% defendants Tin *fey<» of plaintiff? ■'_ was l: the plant up to the time of its lossl was’- the Csesarewitch tmaeaworthyiand'-gnfitfty proceed; to sea ; was thefCffisarewitch 4t the time of dihe loading of th e plant ' UUBekwbrtiiy was the plant lostthrough the nnseaworthinesfOf the Cffisarewxtch; in what amounts are | defendants liable ,to plaintiffirfm- insuranoe on the plant and interest thereon ? Counsel stated, that the. rolling ; stock in question, which Wap ihtended/for tims South - land railways, was found to be of> tbd wide ” agauge, viz., 4ft. „Jt waSthen'ibld to the New South Wales \ plaintiff proceeded to ship itjmtJieClesarewitch, a proposal to insure' m with defendants for r 12,650 Tfonug made and a policy duly executed. ThP Wad nailed and on Jnn6 27; the plant, comS lost. iiamtni.in. due time gavai^ftf^wdi^-jifftioe •Pf . the logs, and asked when they T«mld be prepared topay the amount' of 1 the policy. Defendants didnot pSy’it, but routed days’ *““? Mr Jack*,mailer, wrote Jo. plaintiff stating that his directors recognise the claim.; ! 'This action was then brongntj and defendants’jjjeas, in answer to thq. issues, were to the following effect J hey demfidJhe material allegations; they affirmed that the OteaafSWitdhvairnot lost by the perilsof the sea, or by perils insured .against mthe baroue atthe hmeof herwWk was dhseawcftthyjttid also at the time of the plant being board her, being unfitTo resist the ordinary perils of the seaand that the goods aid chattels were "lost by c her uhseawOrtmufed. Plain- /

tiff’s replication contained m the pleas. Counsel oontih&ed that the evidence would whence ProymcM Government completed the charter offtHe Cffisarewitohthey askedMr Jack if he womd Visk, v Jib replying?*- "Most CMtatblyj' she w astern# fchd good -vessel, lit for anything but s ah Open - Toeditead. I ishall.be only too sa£. ,! for ■ insurance was then made and a receipt for the premium • issued. The Ofesarewitch in due time sailed rfot; Sydney,j but-meetint with a series of heavyvoalp got buffeted about, comihenced'to make/watery and hot Ore Wat lOngthasked ttaeaptmuto run her in somewhere. She was accordingly run on shore'at Brg BgyrsDd-broke-ni>!ea-a*eef, the plant >being totally lost. Oonespondenoa ..V;/ would be produced showing that tiff’s churning the.amounfeofV ' Jack- repliedthatou T eai«fnHy the inatrno&d him to writb declinmg to Vecbgnise thedaim. Counsel proceeded to- (yJI witnesses. “ ; * Archibald Hitt; 0 f * ■: Rational “Insurance Company, which is an " incorporated Company thb pro. ' phsal for a -policy oyer. intho - torque Mr. MooAouße,clerh t inthei^v^^epartmeiit. ( A policy was issued oh - - me about the ibsttrance before the pWMv>«d ohnyemtlonieianied aarte^i ”bf the' *y that- hehhad ossally on herf jCaptaip ell lobdress^v

but'" .theCeeaarewitch. I k£ew bet well by repute. from the Bluff to Sydney is con-, mffersfd ,;p pretty wfe ope, . beinc nothing to Knock one’s head against'; so-I' issued a receipt for the amount of the premium. On July BMr Conyers wrote to me asking that in consequence of thedoss of the plant a cheque for L 2,650 be forwarded. 1 repUeSrfehat.no (definite? particulars had been, received by the company ‘ respecting" toe wreck. Oh' September Ivrote'thA&my directors instructed me to write that they de clined n T th»pOKcy on the ground of the unseaworthines of the Ceesarewitch. I kept the whole of the risk in our office.—Jßy.JJr Macassey: In taking this risk I acted entirely'©!* my -loVraiN'judgment, haying doubts, as to .the seaworthiness of the CsessCrewitffii < : l hadinstireii in/,he£

previously. A good dealcame out about the • ship after the wreck. Capfe. Russell is not bur servant any morethau that of any other i local company. He is Lloyd’s surveyor iiii&TKuajl;fprl^;.cqjnpany to keep a gopdthing to ftself, and to distribute portions of' a oad risk amongst other companies. .That is a fair way of patting it. I had never heard anything reflecting ; "Upon > the seaworthiness of the barque.—By. Mr Haggitt; ;t haVC !,J since heard that some 'ineh hafd !j ohce ‘Refused to sail in her. I gained most of my information about the ship from conversations with Capt. Russell. ; William Conyers, General' Manager of the Otago Railways': . Theplanfc lost in the Caasarewitch belonged to the Province off Qtage, Two-previous lots d# the plant hadf been sent to Sydney in other vessels. P asked Mr Jack u he would take a risk ouj the goods if shipped in the Csesarewitch. I* have frequently seen her, but am no judged -of-timber. ships. Mr Jack said that he would! take the risk, she a 'sffohg 'yeStfel:~ I asked him if he would allow ns to cat the beams of the ship if fonnd necessary id stowing the plant, and he agreed to this] Mr David Proudfoot accompanied me, but ZMrJack ffiade 40 particular mqgims oihinj respecting his ship (the Csegarewitch).:rßy Mr Macassey: The, barque went to the Bluff with coals, and there loaded the raQwayr) plants : She vnwasi a rather angular-looking vessel, and one to b| ?wmtaihef ad, 'W. dQ not kpqw,. the >l)utyl galliottj the Eheinau Engelkeffii] Some months" ago I was oh board of hgr, but % never r heard of hercrow having left her or of her being leaky. I did hbvbxiiAune bar minutely. She was originally a Russian f gun-boat, but I do nob know how long befoipthe Crimean war she wjuj bqilk The plarife was the ’ property'of" the "Provincial Governjfrment,;it having prdered it from Home some years ago, it. r , t , lo6k%pofl'ttte Southland Imes- as -Pwlvincial property, the Colonial Government not having interfered with any of them-exeept the Wiuton-King^- • too railway. The Colonial Govermnedt never bad anything to doiwrth thdjtUfrfe loft in the Caesarewitch. . * i Thomas captain of the s.s. Arawata : I am a.seaman of twenty yearn’ experience. I purchased tbe Csesarewitch in Melbourne) foy -Mp examining herfiratin a dry "dock “at Wpliamatowh. Had all thc lMber boards up and the copper stripped off in several places, and bored the timber in several places. She was in the heal) preservation of any ship! 1 have ever - andWaa ode of strongest that eyer came under my notice. I saw her at thd Bluff just berore her last me looked very well. I£o not believe it possible that the' Cffiskrewitch could have dpr* ing the three years fallen into a state [of decay. Her timbers should have been good for ten years. The Arawata Was in the same bad weather as the Csesarewitch ex-; —-perienced, and -had to heave-to.for twenty hours. The cutting of the beam would 1 not weaken the vessel in any way.—By MrMacassey : A bow port was in the C&sarewitoh when I bought her. Tnis might t|ea' .source of danger if not properly fastened.* J The shipment of piles 1 a. bdW|port should be of no damage to a vessel, built strongly there ou purpose to support a weight. When the piles are inside, ifnot bedded up in might cause 7 the ship tp atrffin. There are plenty of good -“■Vessels that leak so ■ much' toireqtiiie|the pumps to be worked every twp hours. It is possible that there may have been sCme djtmhbplts in the sides of:(the,ship above water-line. If any of the knees Ihad been found to he. loose I should ascribe it to the action of the iron bolts. If m. Additgpn; to snob j appearances some of the beams were broken through I should i ? think ifcQfi cause nught be, thefbad stowage of tye p%§. If the was not hove to during the gale it npght show that she did jiot experience weather so, bad as that felt by the Arawata. Byj Mr" B Sggitt J lf there > _wjsq tJvQUgh! bad fastening I to see it before a vessel bad been to sea for twentyeight years. Any wooden vessel would commence to leak after being down into a hpavy • heud sea for a fewrhouys.’ y v J .- v {Left;sitting.] 1