COSMOPOLITAN SHIPPING COMPANY v. HATTON & COOKSON. (THE "ROSTELLAN.")

(1929) 35 Ll L Rep 117

COURT OF APPEAL.

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

Bill of lading-Claim by shipowners for balance of freight payable in advance - Counterclaim by cargo-owners for loss of cargo - Loss of schooner - Unseaworthiness or perils of the sea- African Steam Ship Company's bill of lading, Clause 2-Effect upon implied warranty of seaworthiness - Allegations of unseaworthiness in following respects: (1) that rudder was worm-eaten; (2) that vessel sailed with an inadequate supply of sails - Onus of proof-Held, on appeal, that the cargo-owners had not discharged the onus of proving that the vessel was unseaworthy; further, that in any case the shipowners took "all reasonable means . . . to provide against such unseaworthiness" and that the shipowners entrusted "to experienced or qualified officers, servants or agents the duty of providing against unseaworthiness" - Judgment for shipowners on claim and counterclaim.