CLAIM FOR DAMAGES.

Taranaki Daily News, Volume XXIV, Issue XXIV, 14 June 1902, Page 2

CLAIM FOR DAMAGES.

BOX OF JEWELLERY FALLS OVERBOARD AT THE BREAK WATER. On Thursday the Supreme Court at Wellington was engiged in hearing the action in which Simon Mtyer chimed .£637 Os 3 1 ( from the Uision S.S. Company on account of damages su-tained by a box of jewellery which f< 11 iiit) the Bii whilst bing (ran shipped from a railway van at the New Plymouth wharf in D-cemb'r last. According to the opening statement of Mr Myers, who with Mr Skerreti appean d for plaint ff, tho box contained watch' 8, and when rec verad from'the sea its contents were epoil"-, the watches l:eing corroded and worth as old gold and silver only £4O or £SO, vvbii'h claimants were willing to allow. Evidcno was given to t.hut a net was spread oul on (he whtrf, anri parcels, cases, »-te., were thrown into it. The box in question was put on the top of the goods in the net and fell over the top of the net into these l , owing to the box- s crushing together when the ne' was raised. Cap ain Hoid, harbourmaster, gave evidence that the usn of a net was customary at NVw Plymouth wharf, and ho approved i.f it. There was the u*ual bustle to ge'. the steamer aw<y quickly, but no undue hast». Th' deck of the pteamjr wou'd be considerably below tho ltvel of the wharf. He bad never before heard of a box c >m : ng out of u net. Chpt'in Dicker s'ated his experience of loading at New Plymouth. It wss never really calm there, an >liTe waf either a ranse (v f-'re-and-a f t movement) or anil en. R. Simpson, employed at the wharf, siid he had never ee-n a box fall out ol tbe net during the four years ha hurl worked on th'i whuf. Tho Takapuaa had an up-and-down motion of three ci four feat that night, and was going backwards and forwards, and cintiug. For the d fence, Mr Gray, with (whom was Mr Wilford, (ontendei there was no negligt>nc3 on the company's part and therefore no liability, also that it had not not contracted with plaintiff to carry merchant! se. William G. W«rd eaid ho had eleven years experience rs an officer on steamers, and was familiar with tho berthing of s'eimers at New Plymouth, which he carsidersd was a difficult pon to work, but was not as bad as Ttmaru or Oumttru. All jjoods coming by th.> late passenger train to tho wbatf wan treated as lugiai-o, merchandise having to be feat cailer. He had worked the poit in all weitber?, but had never known of a similar accident theri'. J. 0. Andirson, formerly an A.B. on tho Takar.una, said that on the night in qu t.t : on tho vessel waild roll eight or nine fee h , vaug) four or five feet, aud cant three or four fett. Afrer tbe net was hoisted it istiu k ih i whuf as a result of the rolling aud the box fell into tho wa'er. Captain Grant st.ilod the vessel rolled s.t ißis' two cr tbraa feet. (Further hearing adj mine)). 'LP J ' i ■