LENSEN SHIPPING, LTD. v. ANGLO-SOVIET SHIPPING COMPANY, LTD.

(1934) 50 Ll L Rep 62

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Charter-party-Breach-Claim by shipowners against charterers for balance of hire; cost of repairs to ship; and indemnity in respect of cargo claims- Vessel loading at Leningrad-List to port-Action taken by master to correct list-List increased-Vessel towed from berth to open sea-Sudden swing over to starboard-Part of deck cargo shot overboard, damaging vessel- Swing back to port-List due to fact that vessel was unknowingly aground in her loading berth-(1) Vessel to load "where she can lie safely always afloat or safe aground where steamers of similar size and draft are accustomed to lie aground in safety. (10) In the event of loss of time caused by drydocking or by other necessary measures to maintain the efficiency of steamer, or by . . . damage to hull or other accident preventing the working of the steamer and lasting more than 24 consecutive hours, hire to cease from commencement of such loss of time until steamer is again in efficient state to resume service. Should steamer be driven into port, or to anchorage by stress of weather, or in the event of steamer trading to shallow harbours, rivers or ports with bars or in case of accident to cargo, causing detention to steamer, time so lost and expenses incurred shall be for charterers' account, even if caused through fault or want of due diligence by owners' servants. (12) Owners only to be responsible for delay in delivery of the steamer or for delay during the currency of this charter and for loss or damage to goods on board, if such delay or loss has been caused by want of due diligence on the part of owners or their manager, in making steamer seaworthy and fitted for the voyage or any other personal act or omission or default of owners or their manager. Owners not to be responsible in any other case nor for damage or delay whatsoever and howsoever caused even if caused by the neglect or default by owners' servants. Charterers to be responsible for loss or damage caused to steamer or owners by goods being loaded contrary to the terms of this charter or by improper or careless loading or stowage of goods or any other improper or negligent act on their part or that of their servants"- Finding of umpire that there was no want of due diligence on the part of the shipowners or their servants and that the charterers were liable-Case stated.