THE WRONG BERTH

New Zealand Times, Volume XLVI, Issue 10616, 15 June 1920, Page 6

THE WRONG BERTH

A DISAPPOINTED PASSENGER. CLAIM AGAINST UNION CO. FAILS. „ PER PRESS ASSOCIATION. CHRISTCHURCH, June 14. A case in which a passenger who had been disappointed in not getting the berth he required was heard at the Magistrate's Court to-day, when George Louis Ostler proceeded against the Union Steam Ship Company for £ll 8s Dd. Counsel said the plaintiff bought three return saloon tickets from Lyttelton to Wellington. He went to Auckland because he was away longer than anticipated. He paid an extra five shillings to have_ his ticket extended, and he also paid a similar sum for a, deck cabin, and was claiming for half the cost of the ticket with £lO damages for breach of contract, in that the company had not given liim special saloon berthing accommodation.

■ Plaintiff, in his evidence, said that instead of a deck cabin he had to accept accommodation in the hold. The defence contended that if the plaintiff was not satisfied with the accommodation he was given ho should have gone to the proper authorities. Had he done this he would have been given the choice of si* deck cabins. He was o-iven a saloon berth, although it was ia what was known as an "omnibus" cabin. The claim was laid under section 183 of the Shipping and Seamen Act, but as it was not lodged within the specified time tho plaintiff was out of court. '

The plaintiff was nonsuited on the ground that the claim had been made beyond the time allowed,by the Act.