Important Judgment.

Poverty Bay Standard, Volume IX, Issue 954, 22 June 1881, Page 1 (Supplement)

Important Judgment.

LIABILITY of SHIP CAPTAINS. (From the Auckland Star) At a special sitting of the Resident Magistrate’s Court to-day, Mr. R. C. Barstow gave judgment in the case of Hoffman against Captain Orr, of the barque Peru. The claim was for £4O, for damage alleged to have been done to a piano imported by the defendants on the Peru. Mr. A. E. Whitaker appeared for plaintiff, and Mr. S. Hesketh for defendant. The judgment delivered by His Worship was as follows : Although negligence is presumed against any carrier for damage occurring to goods whilst in-his charge for carriage, yet he may contract himself out of many species of damage, and only remain liable for damage which he has not taken the precaution to specify his freedom from loss arising therefrom. The bill of lading forms the contract between the parties in this care and by its terms they must be bound. Though the defendant would be liable for damage from such causes as neglecting to pump, insufficient dunnage, improper stowage, carrying dangerous cargo, leakage through decks unless exceptional, or gross carelessness or culpability in taking on board discharging or barratry, and even from the ship not being properly found or navigated, yet generally he is only liable for the case or package, and not for the contents, when these latter are signed for as unknown, and liability for their breakage guarded against. In signing for cargo in “ good order ” when the packages were not in such condition would also establish a liability. Ordinary care must be used in giving such receipt. When, however, a prima facie case has been established on the carrier’s behalf that he has performed his stipulated part of the contract it rests upon the plaintiff to show that the “contents” of the package were in good order when put on board, and this must not be left to mere inference. I am satisfied that in the case now before us, the package had been tampered with before it was shipped on board the Peru, for the cutting of the zinc could not have been effected without taking off a large part of the case off the piano, an operation not performed on board, and also that the case had been so put together again as to warrant a good order receipt being given for it. I can therefore only give such damages as appear to be sufficient to cover the injuries done to the wooden packing case, which I assess at 20s. — Mr. Whitaker asked regarding costs. —His Worship said the costs, which amounted to £6 17s, must follow the judgment.