THE "NORDEN" (OWNERS) v. MARSHALL.

(1928) 32 Ll L Rep 153

PLYMOUTH COUNTY COURT.

Before His Honour Judge Gurdon.

Charter-party - Demurrage, harbour dues and towage expenses-Term of charter that vessel should proceed "to Plymouth (Bayly's Wharf, Sutton Pool) or so near thereunto as she may safely get and deliver the [cargo] not always afloat but good safe berth with soft mud bottom . . ."-Right of shipowner where impossible to reach berth - Mutual duty of shipowner and charterer after vessel has arrived - - Vessel subsequently berthed at Bayly's Wharf and then moved by order of the harbour-master-Substituted berth offered by charterers but refused by mater - Allegation that substituted berth was unsafe not made out-Judgment for charterers.