BRITISH OIL & CAKE MILLS, LTD. v. MOOR LINE, LTD.

(1935) 51 Ll L Rep 292

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Bill of lading - Discharging expenses (bulk cottonseed at Southampton)- Discharging processes: (1) trimming; (2) bushelling and bagging; (3) hoisting to scale; (4) weighing; (5) discharging overside either into lighter or truck-Custom in discharge of other grain and seed cargoes at Southampton for ship to provide stevedores to trim and hoist to scale and for receivers to employ S.R. (dock authority) at inclusive rate to do bushelling and bagging, weighing, and discharging overside-Evidence that in case of cottonseed cargoes ship up to 1930 provided stevedores to do bushelling and bagging and that receivers employed S.R. only for weighing and discharging overside; that in certain subsequent cases receivers arranged for S.R. to include bushelling and bagging in their inclusive rate, the shipowners agreeing to repay to the receivers the cost of bushelling and bagging-Refusal by shipowners in present case to pay cost of bushelling and bagging-Obligation of shipowners-Alleged custom -Ascertainment of weight.