STEAUA ROMANA SOCIETATE ANONIMA PENTRU INDUSTRIA PETROLEULUI v. A/S. OLJEFART II.

(1934) 50 Ll L Rep 21

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Charter-party-Damage to plaintiffs' oil cargo by contamination with other oil shipped in defendants' steamer- Leakage from tanks-Oil shipped at Constantza-Explosion in engine-room at commencement of voyage causing (inter alia) damage to valves-Sufficient spare valves unavailable- Engines accordingly run on five instead of six cylinders, resulting in abnormal vibration-Leakage discovered on voyage-Contention by shipowners that the leakage was the result of the starting of rivets due to an excepted cause, viz., an explosion, aggravated by the abnormal vibration of the engines-Latent defect-Allegation by cargo-owners that leakiness was due to unrepaired damage sustained in heavy weather on a previous voyage-Norwegian law-Duty of master to call in surveyor where vessel has sustained damage necessitating material repairs-Failure of master to do so.