LIABILITY OF SHIPMASTERS.

Southland Times, Issue 1537, 13 February 1872, Page 3

LIABILITY OF SHIPMASTERS.

A case of importance to shipmasters and others interested in the shipment of goods has been decided in the Resident Magistrate's Court. The case came on as a claim at the instance of Messrs Skene, Hast, & Co., merchants, Svvitzers, against Mr Thos. Brown, Invercargill, and concluded for a sum of £28 10s, being an amount placed in the hands of defendant under protest to meet certain general average claims of the master of the barque Cora, if due when ascertained, and which average claims the plaintiffs alleged they were not entitled to pay. The circumstances out of which the case arose are fully explained in the judgment delivered by the Magistrate (Mr M'Culloch) yesterday. The judgment as recorded found — That the Cora left Port Chalmers on the 30th June last with a cargo of goods belonging, amongst others, to plaintiffs ; the said goods to be delivered in terms of the bills of lading at the port of Invercargill. The Cora arrived off Bluff Harbor on Saturday the Ist July ; the wind at the time coming on foul from the westward, she bore up and anchored under the pilot station. On the Wednesday following, the wind being still contrary, the anchor was weighed with the intention of getting into the inner harbor for protection. While beating in, the vessel, being in stays, a squall struck her, and the tide being at strong flood, the ship ran on to a sunken reef at Tewais Point. For the safety of cargo, the crew, and ship, she was then run on to the beach. To meet expenses of unloading the ship, and making good her repairs, caused by opening the deck to get out the cargo, a general average was struck. la arriving

at a decision on the point, the Court | relied principally upon the evidence of] Captain Thomson, Harbor Master, who gave it as his opinion that there was no necessity at all for the vessel running into the harbor ; that she was perfectly safe at the outer anchorage, and that the worst course under the circumstances | was for the captaia to run where he did. Finds further that no permission was given by plaintiffs to run the vessel into the Bluff, and that there is strong evidence to show that in getting under weigh the -captain's intention was to run in for the purpose of discharging cargo, and not to escape impending danger. The evidence of Mr Conyera showa that arrangements had been made to send the cargo up by rail before the accident happened. lam therefore of opinion that the master deviated from his con- ' tract with plaintiffs as expressed in the bills of lading by running into the inner harbor for the purpose of discharging cargo, there being a stipulation on the part of the ship on all contracts of affreightment to proceed to the place of destination (in this case the port of Invorcargill) without delay, and without stoppage at any intermediate port, or deviation from what is the shortest and most direct route. Therefore I think that the captain having so deviated from his contract, he cannot bring the goods of the plaintiffs under a general average to pay expenses attending the unloading of the vessel brought about entirely by such deviation. The judgment must therefore be for the amount claimed, with costs. Mr Harvey acted as counsel for plaintiffs, and Mr Macdonald for defendant. ______________