MERCER

Pukekohe & Waiuku Times, Volume 6, Issue 309, 11 September 1917, Page 4

MERCER

BARGE'S LOAD OF FIREWOOD AT THE BOTTOM OF THE RIVER. The hearing of au action concerning the sinking in the Waikato River of a barge belonging to the Waikato Shipping Company, Ltd., and the craft's cargo of 14 cords of firewood was commenced in the Mercer Magistrate's Court on Wednesday before Mr E. Rawson, S.M., the Company being sued by Messrs A. W. Webb, of Mercer, and J. Hughes, of Hamilton, for £fif) in respect of the value of'the firewood, of which they were the owners. There was a r.iiuntcr-claim by the Company for £:) 15s for freightage of ton eoids of firewood landed at Hamilton and for a further sum of £lO for the hire or detention of the barge for five weeks. Mr li. A. Taylor appeared for the plaintiffs and Mr A. E. Skelton represented the Shipping Company. The facts of the case were that plaintiffs, without a fixed price being agreed upon, arranged to hire a barge from the Shipping Coy. for the carriage of firewood from Puki Farm, Mercer, to Hamilton and that after the barge had beqn loaded with 44 cords of firewood it sank. The defence was that the barge had been imperfectly loaded and further that there was no contract for the firewood to be delivered at Hamilton in any specified time.

The plaintiff Webb giving evidence stated that after the barge had sunk some of the firewood was recovered by the Company's employees, a portion being conveyed to Hamilton and the balance being stacked up on his landing They (the plaintiffs) lost a market for the wood and contracts had also been cancelled owing to non-delivery. Evidence in support of the claim was also given by Jno Hughes, Thos Edward Hughes, Walter Kelson and Jno Pollock. For the defence J. H. Rochford, master mariner, employed by the Shipping Coy, gave it as his opinion that the barge was perfectly sound. Thos F. Leithart, another of* the Company's officers, deposed that li 9 considered the barge to have been overloaded. The Court did not rise until late in the evening and further hearing was then adjourned until Thursday, October 11th.