UNUSABLE NAIL WIRE

Evening Star, Issue 22463, 7 October 1936, Page 18

UNUSABLE NAIL WIRE

DAMAGES AGAINST SHIPPING COMPANY AN APPEAL CASE [Pea United Press Association.] , WELLINGTON, October 6. In March last iear the Canadian Highlander brought from Halifax to Wellington a shipment of about 100 tons of bright nail wire, but when landed here the wire was all more or less rusted, and for this reason a very largo quantity was unusable. The Auto Machine Company brought a Supreme Court action for £661 against the Canadian Government Merchant Marine as owners of the ship to recoup them for damage to the wire. The Chief Justice, Sir Michael Myers, held that the rust or corrosion was one of the matters for which by the bill of lading the shipping company was excused from liability unless it was shown that there was negligence on its part which really caused the damage. He considered, however, that proper care had not been exercised in the stowage of the wire, and the Auto Machine Company was entitled to recover damages, the exact amount of which was to he assessed later. It is from this judgment that the Canadian Government Merchant Marino is appealing in the Court of Appeal. After hearing legal argument the case was adjourned until to-morrow.