A HINT TO RAILWAY OFFICIALS.

South Canterbury Times, Issue 2794, 8 March 1882, Page 2

A HINT TO RAILWAY OFFICIALS.

A case occurred in Auckland some few days ago, in which the Railway Department was found liable by the R.M. for the cost of 72 bags spoiled wheat, with interest and costs. The following are the facts of the case The railway officials refused delivery of the goods to the consignee, Mr D. H. McKenzie, unless he satisfied an outstanding claimlof £7 l7s 6d for previous carriage, and the law might have justified them in this coarse of action had Mr McKenzie been the owner of the wheat. In this particular case, however, Mr Elliott was, in effect, both consignor and consignee, since Mr McKenzie was simply acting as his agent for the sale of the wheat, and there was clearly no valid ground on which the petitioner could in

thefe circumstances be refused delivery of his goods, on payment of the charges upon' them. Had the wheat been sold to the consignee, the railway department would have had a lien upon it, but in this case it never passed out of the petitioner’s possession, and he had a perfect right to demand delivery of it on satisfying all the department’s claims against himself. It was manifestly preposterous to attempt to make him pay a claim against another individual, which might or might not be just, and in which he had not the slightest interest or concern. ‘