PARKYN & PETERS AND ANOTHER v. COPPACK BROS. & CO.

(1934) 50 Ll L Rep 17

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Charter-party - Unseaworthiness - Sinking of vessel 40 years old following development of leak shortly after leaving port-Fair weather-Claim by cargo-owner-Whether due diligence exercised by shipowners to make vessel seaworthy-Onus of proof-Evidence of four-yearly classification surveys; that last survey was held more than four years previously; and that vessel developed a similar leak three months before the sinking and was beached- Whether leak then adequately repaired -Contention by shipowners that her bottom was pierced by an obstruction while lying on the hard at her loading port-Carriage of Goods by Sea Act, 1924, Schedule, Art. IV., r. 1.