SHORT DELIVERY.

Hauraki Plains Gazette, Volume XXXVI, Issue 4824, 18 March 1925, Page 3

SHORT DELIVERY.

SHIPPING COMPANY RESPONSIBLE AN IMPORTANT DECISION. Reserved decision was given by Mr E. Page, S.M., at the Magistrate’s Court at Wellington on Wednesday in a case of considerable interest to merchants. Durward and Davidson, merchants, of Palmerston North, were the plaintiffs, and the defendants were the Shaw, Savill and Albion Company, Limited. The plaintiffs were the holders of bills of lading in respect of 1200 bags of basic slag, shipped :it London on the defendants’ steamer Arawa, aiid, on arrival at . Wellington, the defendant delivered 33 bags shor.". of the number required. The plaintiffs claimed the value of the 33 bags short delivered. The Wellington Harbour Board had been joined as a codefendant, but the plaintiffs were nonsuited as against the board, the action not having been commenced in time. The evidence showed that the consignment of 1200 bags .Was part of a shipment of 1400 bags, consigned to various parties. The whole shipment was landed under what is known as a running tally r , no attempt being made to separate .the glag belonging to the several consignees. Whep the slag was being delivered it was found that many of the bags were only partly full, due to faulty sewing. One of the consignees, with the consent of the Harbour Board and the defendants, put on a staff to re r bag thy partly full bags. The partly full bags were used to fill others alibiing taken indiscriminately from the generalshipment. In the plaintiffs applying for delivery sufficient slag could not be found, and 33 bags were short delivered. Under the circumstances, the Magistrate held that the defendants were liable. There .could be no doubt but that the shortage was due to the action of the defendants in re-bagging.

J u l-oienf was entered P.r he plaintiffs for the full amount claimed (£8 7s 2d) with costis.