District Court.

Hawke's Bay Weekly Times, Volume 2, Issue 79, 13 July 1868, Page 168

District Court.

' MONDAY, 6th JULY. ‘ ' - ‘frf : J (Before Ms Honor Mr 0. D. B. Waed.) !

Watt«. Flowerday. A claim of £IOO damages for loss and ' deterioration suffered by. a flock of sheep > on the passage’from Napier to Auckland in* the : Ahuriri. Mr Wilson, appeared for , the plaintiff, Mr Cuff for the defendant Wilson haring stated the case, called Ore following evidence:— James Watt deposed: lam a merchant, of‘ the firm i of Watt Brothers. In May last I shipped some sheep by the Ahuriri, Chpt. Flowerday. lam agent for the Star of the South, a cattle steamer,'and have had experience in’ shipping stock., This vessel has always been fitted up with pens both on deck and in the hold, and care taken that not more than twenty or twentyfour sheep are in each pen. I should not consider sheep safe without this precaution. I had 450 half-bred sheep brought down for shipment, and should estimate their value at from 12s to 13s. I paid an unusually high freight to the agent in Napier—3s 9d per head, and 3d gratuity on all landed alive. At the time of this arrangement I stipulated with the agent that proper fittings should be put up, as I had 'before lost sheep in one of the Co.’s boats through this deficiency. I afterwards had a conversation with the captain and agent on the same subject, when they agreed to provide fittings. The captain said he had sufficient and proper fittings for the deck, ■with the exception of gratings for the sheep to stand on; but that no fittings were retired for the hold. I said this ■was absurd, and that I would not have my sheep’put in the bold without the proper fittings. He told me he had no timber, and 1 agreed to supply him with Hobart Town timber at cost, price, for the purpose, He got the timber," and took it on board. I was on board when part of the sheep were shipped, and did not see that any preparation had been made. There were no fittings of any kind in the hold, and the deck fittings were not put up, but lying about the deck. There was no protection to the main hatch, and the mate and some of the crew were, throwing the sheep into the hold, a depth of about ten feet. I stopped them, and caused a hatch to be put down for the sheep to slide upon ; but many fell down when the deck was nearly full, through the hatch not being protected. I liad the assistance of Mr M‘Hardy the greater part of the time. The weather was very bad, a heavy wind blowing from the east. I remonstrated with the captain, in the presence of Captain Cellem and Mr M'Hardy, on the want of fittings, after our agreement. He said he had no time .to put them up, but would do it after he got to sea. I then sent a written notice to the agents, notifying that as they had not fulfilled their agreement regarding the fittings I would hold them accountable for any Joss I might sustain [A copy of the notice was produced and - read.] After giving this notice I went again on board, and the agent sent the notice to the captain, who told me I had better give back the bill of'lading, and take the sheep ashore. The vessel lay at the wharf twenty minutes after this, but still no fittings were put up. On the passage to Auckland 57 sheep died, and a number ot them were in such a condition that they had to be sold for any price they could fetch, and killed at once. Tl\e market value in Auckland of these Blieep in good condition at that time was £1 per bead, and thesejjaveraged about 13s. I estimate my loss at £IOO.

By, Mr Cuff: The freight was 9d per head higher than that charged by the Panama Company. I thought at first that the Ahpriri was going via Tauranga, and ■when I found she was going direct I considered it an additional inducement. It was not. until after the sheep were shipped that I was told the fittings could not be put up before leaving. 1 had no one beside Mr MHardy assisting me. The sheep falling down the hatchway was not caused by their being rushed on board. • I cannot say that any actually died through falling into the hold, but they must liuve been injured. One was smothered on deck before the vessel left. It is usual in any steamer when carrying stock to put up the proper fittings. Alexander M'Hardy deposed : I am a grazier at Pakowhai, and have had seven years’ experience in shipping sheep, both on regular stock steamers and others. 1 have always seen peDS fitted up. I assisted Mr Watt in shipping some sheep on the 4th May. I had brought the flock' down ; they were mostly half-bred Southdowns, and worth in,Napier from 13s to 14s. I was driving the sheep on board till I saw so much carelessness,among the sailors on deck that.l went on- board to protect the bheep. They were heavy .sheep, and were being thrown down the hold upon their heads and in other yf&ys. I asked® Mr Watt to get a hatch to slide. them on,-and I went below to break; their, fail. . They came down too fast for me, and Mr Jeffcote, a passenger, came down to my assistance. I saw no,fittings while I was there. That morning when I, came down, about ten o’clock, 1 beard; a conversation betweeh Mr, Watt and Mr Kinross^and.the captain. ', The cap tain said he ’ had hoi; tim ber' for fitr tings in thehold, and Mj : to supply .it at. cost pripeJ, I would expect .‘""*B?®?*’ Ipsisif, a vessel; not properly,fitted'up. .'•'.'''caErying sheep \should^, wjth rough ' .weather. 1 ; Thb.Bheep would lose their ; wool, . and would fall off, in condition, and very ; -likely when lhey, arrived in port would' hot ‘ be able either toetahdifir to ,eat. I.’have r ..;' shippedYhpusahds of sheep, and, have very “ often accoihjiiaiued them , : i

Cuff: The pens are usually put sheep come at all. They are madekjjqalhat they, can .be easily taken pijowS&iSnj put away. One time I. had to to the Lord Ashley to ship mMßg«nd found her.very nicely fitted up. Honor: The average mortality on board the Star of the South is about 1 or 2 to the thousand, but in other steamers I have found it about 4 or .5.

Alfred Fountain deposed: I have made the passage to Auckland in the Ahuriri in May. I saw Mr Watt’s flock shipped, but I cannot estimate their proper value. I have made a passage with sheep in the Beautiful Star, and she had the sheep in pens, which prevented them being crowded together when the vessel lurched. There were no fittings put up when the Ahuriri left, but the next day 1 saw some arrangements on deck. The weather was very bad, and many of the sheep died, and the others got very bad. When they arrived in Auckland I should think they were worth several shillings a head less than when they left. Ido not think the sheep would have been in such a condition if the ship had been fitted like the Beautiful Star. She had only about 25 sheep in each pen, while the Ahuriri had only about four divisions, and about 60 in each. I do not know whether there were any fittings in the hold.

By Mr Cuff: The passage was very rough, and the vessel shipped a good many seas. The sheep were btanding for part of the time in about eighteen inches of water on the lee side. I suffered very much from sea-sickness, and was a great part of the time below. I went on deck the first night, and saw the sailors going among the sheep, setting them uppn their legs. We had twenty-four hours of very rough weather after passing the East Cape. W. G-. Cellem deposed : lam Harbormaster in Napier. I have been captain of coasting steamers, and have had experience in shipping sheep. It is usual when shipping sheep to have the hatchway protected; and to fill the hold first. After the hold is full, the decks are gradually filled, the fittings being put up as the pens are filled. The pens usually hold from 25 to 40 sheep, and it would be unsafe to go to sea without them. I remember the Ahuriri leaving for Auckland on the 4th of May. I went on board before the sheep were shipped, and saw no preparation except that the fittings were piled ready, as is usual in such cases. The fittings appeared to be of the ordinary kind. I heard Mr Watt complain that the sheep were being rushed on board. I saw that they were crowded, and several fell down the hatchway, which should have been protected. I left the vessel in the roadstead, and the men had then beguu to put the fittings up. There were no fittings in the hold.. It is customary >to have one. division in the hold, and in such weather as was then coming on, a S.E. gale, I should consider this precaution necessary. In my experience of conveying sheep the loss has averaged one or two per cent.

By Mr Cuff: I cannot remomber any cases of such mortality as 10 per cent. I did not carry sheep as a rule. The vessels I commanded —the White Swan, Wonga Wonga, and Queen, were not reguarl Btock vessels. I remember urging the crew to be quick to save the tide, as there was very little time. In such weather as followed the departure of the steamer I should expect more than ordinary mortality, as the vessel would labour very considerably. Gratings for the sheep to stand upon are a great advantage, but I never saw them except in stock vessels. The vessel could not have remained many minutes at the wharf after the sheep were shipped. W. Eioubledge Reposed: lam agent for the Panama steamers, and have had experience in shipping sheep to Auckland and Otago. The ?Lord Ashley, Claude Hamilton, and others, whenever they carried sheep, had them in pens of about 25, and I have always known the filings put up before the vessel left her moorings. The defence was then gone" into. Mr Guff called the following evidence:— John Flowerday deposed: lam master of the Ahuriri, and remember leaving this port on the 4th May, with a cargo of sheep. Every care was taken of the sheep while they were being shipped. We were unable to fit iip the pens while we were in the harbor, but we did it as soon as we got outside. The fittings were of the regular kind, and divided the,deck into eight compartments. There were about 200 sheep on deck,,and the .rest belovy. After leaving port a strong. E.S.E. gale set in. The vessel shipped some heavy seas, and we went at half Bpeed all night on account of the sheep. . The sheep were continuaHy soaking in water,'and there-was occasionally about eighteen , inches of .water on one side. I was on deck the whole night, sending the men' among the sheep every ten or twenty minutes, to set them on their feet. About 50 died during the, rfight and next day through cramp, from soaking in the water. During the night one of the pens gave way through a wave driving the sheep against it j but we replace!! it by means : ot an, oar. I have carried 360 sheep on .the deck from Wanganui to the Buller, and only lost eight or nine. -There.were no fittings in the hold, but only, three or four died there. I have never had. any fittings in the hold. The sheep were, all very weak wheh landed. ‘ ♦ ..... ' - By Mr Wilsonr We had to keep the hatches down the greater part of the night ; w d had an . ventilator. We had the pens, all fitted up before dark the evening w&;lei|.v. It was .eyideiit jthat the sheep because they, had not the use of their, limbs, The fittings were'up r t ougff . weather ,c%me on. I Rave, not had, th 4 fitted up. since. John Gibson.Kinross di posed ; l am a

merchant and agent for the N.Z.S.N. Co. I have frequent .with sheep, but knew no case of half-bred sheep realising more than about 10s- ia May.' I have suffered a loss of about 100 or 150 out of 1,000 or 1,100, even in the stock steamers, in conveying sheep to Auckland in hot.weather, through want of ventilation and other causes, and am aware of a whole cargo of cattle being lost on board thtf Star of the South in a storm ; but in the regular stock vessels, in moderate weather, the loss is very slight—about what has been stated, one or two per cent. Mr Cuff then addressed his Honor for the defence, and Mr Wilson replied. His Honor thought that the defendant could not be held liable for those sheep that had died on deck, as he thought that no negligence had been proved ; but that their death might be fairly traced to cramp. He thought, however, that the defendant was clearly liable for those in the hold, jand he would give judgment for his estimate of the amount of loss and injury sustained by them, £25 18s., with costs. In giving judgment, his Honor alluded to the provisions of the Company’s bills of lading, that the Company are not answerable for loss occasioned by negligence, as being contrary to the Carriers’ Act of 1865, and nuU and void to all intents and purposes.