MERCER

Pukekohe & Waiuku Times, Volume 6, Issue 325, 9 November 1917, Page 4

MERCER

BARGE SINKING SEQUEL

SHIPPING COMPANY WINS CASE

Reserved judgment was, last week, delivered by Mr E. Rawson, S.M., in the matter of the action heard at two recant sittings of the Mercer Court in which Messrs A. W. Webb and J. Hughes sued the Waikato Shipping Co., Ltd., for £6O the value of 44 cords of firewood loaded on, and lost through the foundering of, a barge belonging to the Shipping Co., the latter in a counter claim suing for £3 1.5s for freight of ten cords of firewood recovered from the river and conveyed to Hamilton and for £lO for hire or detention of the barge for five weeks. The Magistrate, in his written judgment, stated that the barge foundered in consequence of it leaking and it was preposterous for the plaintiffs to take up the attitude' as they did that it was the Company's business to keep the barge afloat and that they were entitled to stand by and see it sink without making any attempt to bail it out and then to claim damages for the loss of the wood. He (the Magistrate) held that the Company merely undertook to take the barge to Mr Webb's landing and to tow it from there when it suited the Company's convenience and before that time arrived it became impossible to do so owing to the barge sinking through no fault of the Company. He, therefore gave judgment for the Shipping Company with costs amounting to £8 16s. On the counter claim he gave judgment for the Company for £3 los for freight and for £6 for three weeks' hire of the barge, viz , £9 Ms in all.