AN INTERESTING CASE.

Wairarapa Age, Volume XXXII, Issue 10134, 3 November 1910, Page 5

AN INTERESTING CASE.

DARCAVILLE, Last Night

A rather interesting ease, affecting the liability of the Kaipara S.S. Company, in the carriage of plate glass, was disposed of in the Magistrate's Court. James C. Wiggins, carpenter, sued the company in question for £2O 10s 6d, being the value of a plate glass window alleged to have been broken in transit through the negligence of the defendant company. The package first of all came by rail from Auckland to Helensville. There it was passed on to the Kaipara Company's boat for transit to Dargaville, the railways receiving a receipt from the first officer of the steamer. Upon arrival at Dargaville the plate glass was found to be broken, and the plaintiff refused delivery. Mr Coates, who appeared for the plaintiff, said the case was brought under section 17 of the Mercantile Law Act, which placed an absolute liability upon common carriers, without limitation, unless such limitations were stated upon the receipt, and were, held to be fair and reasonable by the court. Tn this case there was no special contract limiting the liability, and by the law of estoppel he contended that the defendants wore prevented from going behind the receipt given by them to the railway. His Worship held that negligence on the part of the Company would have to be proved. Eventually a non-suit was entered up, two guineas out-of-pocket expenses being allowed.