Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

SPILLERS MILLING AND ASSOCIATED INDUSTRIES, LTD., AND OTHERS v. THE "BRYNTAWE" (OWNERS).

(1928) 32 Ll L Rep 155

IPSWICH COUNTY COURT.

Before His Honour Judge Chetwynd Leech.

Bill of lading - Damage to cargo - Leaky bolts - "Due diligence to . . . make and keep the ship seaworthy"-Onus of proof - Heavy weather during voyage-Evidence that weather was as heavy on previous voyage - Expert evidence that leak was of long duration -Failure of shipowners to discharge onus - Canadian Water Carriage of Goods Act, 1910-Harter Act, 1893- Judgment for cargo-owners.

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