"AN ACT OF GOD."

Taranaki Daily News, 22 July 1920, Page 5

"AN ACT OF GOD."

| DAMAGE TO VESSEL'S CARGO, ! WHO IS RESPONSIBLE! By Talecrapl).—Press Association. Auckland, Last Night. "A peril of the sea or an act of God" wa9 alleged to be the cause of damage to a "Valuable consignment of wire brought from America to Auckland in January, 1919, which was the subject of an action for damages heard by Mr. Justice Salmond at the Supreme Court this morning, when Spedding, Ltd. (Dr. Bamford), indent merchants, Auckland, claimed £'22B 10s 3d from the Union Steamship Company (Mr. McVeagh). , Dr. Bamford said the wire was damaged by salt (bilge) water while in transit on the liarquentine lima. The question was whether the defendant company was liable. For the plaintiff company evidence would be led to show that when the vessel arrived The wire was taken from the hold and was found to be very much corroded. The defence was a denial that any wire was delivered in a damaged condition, but that if the plaintiff company suffered any loss, the same arose from tlit dangers of the sea or acts of God. The ship had encountered a gale with a heavy confused sea, which caused her to ship a good deal of water. The rolling and" straining of the barquentine caused a fracture of the cement lining of the vessel, with the result that salt (bilge) water was "blown" or splashed on to the* wire. Evidence was given that the damaged wire, about 10 tons, was sold by auction, realising £255 4s 9d, instead of £ 483 15s, which it would have done if it had. been undamaged, its market vaule being £45 per ton. I