RESIDENT MAGISTRATE COURT.
Tuesday, Dec. 1. (Before J. Giles, Esq., E. M.) Martin v. M. Edwards and Co.— John Packer Martin, Acting Captain, Westport Rifle Volunteers, sued N. Edwards and Co., Nolsou, for £39 3s, the amount of alleged damage to eighteen suits of uniform, received by the steamer Kennedy on the sth ult. Mr Tyler appeared for Captain Martin, and Mr W. Pitt for Messrs N. Edwards and Co.
The plaintiff said that after the steamer had arrived, he sent a man on board. He could not find the ease addressed to him. On the sth instant Mr Moore informed the plaintiff that the case was in the shed. When he got the case he found the uniforms saturated with water. He asked Captain Whitwell about it. Captain Whitwell said he did not know how they got in their present condition, as there was only one place in the ship in which they could become so damaged, and that was where the coals were kept. Plaintiff got Messrs Addy and Pirie to survey the goods. The case contained eighteen suits of uniform, and must have been lying in water for some time. The cost price of the suits was £3 each.
Messrs Pirie and Addy stated that they had made a survey of the goods, and estimated the damage at 40s a suit. Captain Whitwell, commander of the steamer, stated that he was six days coming down on that trip in consequence of the roughness of the weather ; that the sea was so heavy they had to put back twice; and that the decks were leaking, through the straining of the vessel. Mr Creagh, the chief officer of the Kennedy, said that he showed the casein question himself about three feet abaft the fore-hatch, and it was properly stowed as dry goods. After the Captain told him about the case being damaged, he examined below and found a leak with a mark along the whitewash to where the cases were.
The Magistrate considered the plaintiff's case proved, hut thought the damage sustained was rated too high. He gave judgment for the plaintiff at the rate of 30s per suit, with expenses of survey and costs
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Westport Times, Volume III, Issue 418, 2 December 1868, Page 2
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366RESIDENT MAGISTRATE COURT. Westport Times, Volume III, Issue 418, 2 December 1868, Page 2
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