PYMAN, BELL & CO., LTD. v. OHLSON STEAMSHIP COMPANY.

(1929) 35 Ll L Rep 63

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Bill of lading - Freight - Dispute as to quantity of deck cargo-Freight payable at agreed rate per intaken piled fathom of 216 cubic feet-Bills of lading stating quantity but also claused "measure unknown" - "The intaken quantity piled measure to be certified by a Swedish official measurer whose certificate shall be supplied to the captain by the shippers. For this certificate the captain shall pay the shippers" so much per English cubic fathom-Effect - Whether conclusive against ship - Evidence of deck space available and of stowage of deck cargo - Scaled fathoms and piled fathoms compared- Held that the quantity of cargo loaded was in excess of the bills of lading quantity.