THE "CANADIAN TRANSPORT."

(1932) 43 Ll L Rep 409

COURT OF APPEAL.

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

Collision-Damages - Reference - Motor vessel C V sunk in collision with steamship C T in River Parana- Agreed apportionment of blame: C V, 25 per cent.; C T, 75 per cent.-Loss of part cargo (quebracho logs) ex C V- Claim by plaintiff cargo-owners against C T - Refusal by owners of C V immediately to repair and carry out contract voyage - Substituted cargo shipped by plaintiffs-Claims against C T by plaintiffs (inter alia): (1) to recover value of cargo lost plus advance freight paid to C V; (2) for loss of use of cargo (interest on value); (3) for freight paid on substituted cargo- Value of cargo-Rate of exchange- Appeal by C T from judgment of President-Principles for assessment of damages-The Edison, 42 Ll.L.Rep. 23 -Held (1) that advance freight was not recoverable and that the value of the cargo lost must be based upon sterling converted from the value in pesos at the time the cargo was lost; (2) that interest was payable only on that cargo for which compensation had not been had; (3) that the claim for freight paid on substituted cargo was too remote- Appeal allowed.