COMPANIES AT LAW

Sun (Auckland), Volume 1, Issue 65, 8 June 1927, Page 11

COMPANIES AT LAW

DAMAGE TO MACHINE JUDGMENT FOR £2O “That is obviously not a proper way to unload a heavy machine with breakable parts, and to use such a method instead of making proper provision for its discharge amounts to negligence,” said Mr. E. C. Cutten, S.M., in giving a reserved judgment for £2O in favour of the New Zealand Dry-Cleaning Company (Mr. Nutsford) against the New Zealand Express Co. (Mr. West) yesterday. The claim for damages arose out of an Injury done to a cleaning machine worth £l5O by one of the* Express Company’s drivers. The magistrate pointed out that on arriving at the Cleaning Company’s premises, and finding no facilities Cor unloading such a heavy machine, the driver had collected a number of benzine tins and a few bundles of rubbish, which he placed in a suitable position. He then obtained the assistance of two of the Cleaning Company’s employees to push the machine over the back of the lorry, with the result that it fell and was damaged. Mr. Cutten went on to say that the evidence regarding the amount of damage was most contradictory. The plaintiff estimated the cost of repairs at £ll or £l2, and the defendants at £4 or £5. Another £25 was also claimed by plaintiff for depreciation, but the defendant company liad called evidence to show that repairs could be effected so as to make little or no difference to the value of the machine. Such a happening must depreciate the value of the machine, he held, however.