COSMOPOLITAN SHIPPING COMPANY v. HATTON & COOKSON. (THE "ROSTELLAN.")
(1929) 34 Ll.L.Rep. 231
KING'S BENCH DIVISION.
Before Mr. Justice Finlay.
Bill of lading-Freight payable in advance -Loss of sailing vessel-Unseaworthiness or perils of the sea-Findings: (1) that vessel had foul bottom adding substantially to length of voyage; (2) that cargo was badly stowed; (3) that vessel was strained and leaky; (4) that rudder was worm-eaten and rotten; and (5) that vessel had defective and insufficient sails-Unseaworthiness -Clause exempting shipowners from liability for loss or damage due to unseaworthiness if reasonable steps taken to provide against such unseaworthiness-Breach of implied warranty of seaworthiness-Non-applicability of exception clause- Counterclaim by cargo-owners for loss of cargo-Judgment for cargo-owners on claim and counterclaim.