SILVER AND LAYTON v. OCEAN STEAM SHIP COMPANY.

(1929) 35 Ll L Rep 49

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

Bill of lading-Damage to cargo (frozen eggs in tins) - Claim by consignees against shipowners - Delivery with "gash" and pinhole damage-Finding that there was negligence in discharging -Provision in bill of lading that cargo was shipped "in apparent good order and condition"-Estoppel -"Insufficiency of packing" - Tins with very sharp edges and difficult to handle-Held that so far as "gash" damage was concerned (which would be discernible on reasonable examination) the shipowners were estopped from disproving the "apparent good order and condition" of the cargo; and (on varying grounds) that the shipowner could not plead that the cargo was insufficiently packed - Carriage of Goods by Sea Act, 1924, Schedule, Arts. III (2), (3), (4), IV (2) (n)-Judgment for consignees.