A SHIPPING CASE.

Taranaki Daily News, Volume LVI, Issue 187, 6 February 1914, Page 2

A SHIPPING CASE.

CAPTAIN SUED FOR DAMAGES. By Telegraph—Press Association. Auckland, Yesterday. An action was instituted at the Magistrate's Court before Mr. C. C. Kettle, S.M., by Wm. Cook and Sons (Mr. McGregor) against Frank Hemming (Mr. Richmond), master of the Rimutaka, by which plaintiffs sought to recover the sum of £2O for damage alleged to have been done to a coil of wire during the voyage from Liverpool to Auckland. Tn opening the case, counsel for plaintiffs stated that he was proceeding aga'nst the master of the ship because in the bills of lading there was a clause which exempted the owners from any damage caused by neglect ou the part" of their officers, and he submitted that the. captain was also responsible for neglect on the part of his officers. He would prove ■by the bill of lading that the rope was in apparent good order when shipped, and that it was damaged when discharged in Auckland. That, in his opinion, would constitute the case for the defendant to answer. In the evidence given it was stated that the second officer of the vessel had admitted that the coil had been lashed to a staunehion by a Manila rope, and that it had broken loose in rough weather, causing the damage, ft was affirm- , ed by witnesses that this method of se curing cargo of the kind, in the absence of means of packing, was bad. Mr. Richmond moved for a non-suit, on the ground that no personal negligence had been shown against the defendant; that no evidence had been produced to show how the goods were shipped, and that the captain was not responsible for the acts of his subordinate officers.