ABERDEEN GRIT COMPANY v. ELLERMAN'S WILSON LINE.

(1932) 43 Ll L Rep 352

COURT OF SESSION

Before Lord Fleming.

Carriage of goods by sea-Damage to cargo (iron grit and shot) - Carriage from Aberdeen to Boston via Newcastle -Delivery to defenders' agents at Aberdeen, cargo being carried to Newcastle in coasting steamer belonging to A company-Transshipment by lighter to defenders' steamer at Newcastle-Damage suffered while in lighter - Shipping Instructions: "All goods awaiting shipment are received and carried subject to the conditions of the [defenders'] receipt and/or bills of lading, and also to the conditions and/or regulations of any steamboat, railway or canal company, or persons by whom the goods may be conveyed and all goods are at the risk of the owners of the said goods until actually shipped on board the steamer" -Construction-Held, that the goods while in the lighter were awaiting shipment, and that the Shipping Instructions applied; that, although the Shipping Instructions provided that the goods were carried at the risk of the owners, the shipowners were not exonerated from liability for the negligence of their servants or agents; but that, as the Shipping Instructions provided that while in the lighter the conveyance was covered by the conditions of lighterage issued by the lighterman and as those conditions exonerated the lighterman, the defenders also were exonerated.