COURT OF APPEAL.

Temuka Leader, Issue 1747, 7 June 1888, Page 3

COURT OF APPEAL.

SHAW SAVILL & CO. V. TIMARU HARBOR BOARD. Wellington, June 5. The Court of Appeal, consisting of Chief Justice Prendergast and Judges Richmond and Gillies, delivered judgment in the above case to-day. Sir Robert Stout and Messrs T. I. Joynt and F. Chapman, instructed by Messrs Perry and Perry, appeared for the Timaru Harbour Board, and Messrs Harper and Bell instructed by Messrs White and Co., appeared for the defendant Company. The Court found in favour of plaintiff company in all issues except on the question of sufficiency of notice of action, and they decided that the notice of action was not properly given, and therefore entered up judgment for defendant Board, with costs £3OO, and £26 ss, costs of those witnesses and fees out of pocket on those pleas in which they have succeeded. The Court also ordered the defendant Board to pay plaintiff company their costs of witnesses in proving issue of the fact and damages. Leave was granted to appeal to the Pirvj Council, and for stay of execution upon security being given for the balance of costs which may be found against plaiutiffs, and also security for the costs of appeal; the question of security to be lef c to the discretion of the Registrar at Christchurch. The action was brought against the board for the recovery of the value of the ship Lytteiton, which was sunk in Timaru harbour about two years ago. i —»———i———!— —!■!>