REDERIAKTIEBOLAGET "MACEDONIA" v. SLAUGHTER.

(1934) 50 Ll L Rep 119

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Bill of lading-Charter-party-Demurrage -Discharging of cargo (London)- "The cargo shall . . . be discharged by the vessel in the customary manner as fast as the vessel can deliver during the ordinary working hours of the port, on to the quay and/or into lighters and/or craft and/or rafts and/or wagons and/or on to bogies and thereon stowed and/or stacked as customary at the port of discharge, the consignees having the right to select any one or more of these alternatives if customary and available at the time of discharge. In the execution of any work done beyond discharging cargo at the ship's rail or within reach of the ship's tackle or shore crane tackle, as the case may be, the shipowner shall act as stevedore with the liabilities only of such and not further or otherwise, but the shipowner shall not be liable for damage by fire, even though caused by the act or neglect of the shipowner or his servants or of any person for whom he is responsible"-Instructions given to ship by consignee to discharge overside into barges-Barges sent alongside by consignee-Strike of London lightermen shortly afterwards-Sufficient lightermen unavailable - Alternative method of discharge on to P.L.A. quay -Respective duties of shipowners and consignee-Part cargo discharged on to quay-P.L.A. accounts rendered to consignee and paid by him without protest-Shipowners subsequently informed by P.L.A. that consignee's consent must be obtained for discharge on to quay for his account-Whether consignee should have given notice to P.L.A. of his willingness to such method of discharge-Discharge delayed until end of strike-Claim by shipowners for demurrage.