DAMPSKIBSSELSKABET SVENDBORG v. LONDON, MIDLAND & SCOTTISH RAILWAY COMPANY AND DENNY, MOTT & DICKSON, LTD.

(1929) 33 Ll.L.Rep. 260

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party - Discharging expenses (timber) at Garston Docks-Claim by shipowners against railway company (owning Garston Docks) and consignees -Allegation that railway company's charges were excessive-Right of railway company to act as stevedores- Whether power of railway company limited by statute to charging a reasonable sum-London & North Western Railway Company (Rates and Charges) Order Confirmation Act, 1891-Apportionment of charge between shipowners and consignees-Whether railway company's apportionment unreasonable- "Baltwood" charter-party, Clause 15: "The shipowner's liability shall cease at the port of discharge when the cargo is discharged at the ship's rail if discharged by hand or within reach of the ship's tackle or shore crane tackle if thereby discharged. . . . For any work done by the vessel at the port of discharge beyond delivering cargo at the ship's rail if discharged by hand, or within reach of the ship's tackle or of the shore crane tackle if thereby discharged, the consignees shall pay to the shipowner the cost thereof plus 15 per cent. on the amount thereof. . . ."- Construction - When discharge completed -