HERMAN JENNINGS & CO., LTD. v. PENINSULAR & ORIENTAL STEAM NAVIGATION CO.; GREIDINGER & WERNER, LTD. v. SAME.

(1936) 54 Ll.L.Rep. 155

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Bill of lading-Damage to cargo (eggs)- Whether tainted by wine-Shipment in defendants' steamship from Adelaide to England-Eggs (11,000 cases) stored in refrigerated holds (Nos. 4 and 5 lower 'tween decks)-Wine in barrels stored in No. 4 upper 'tween deck-Leakage- Percolation through into No. 4 lower 'tween deck-Several cases in No. 4 lower 'tween deck wine-stained-Claim by plaintiffs in respect of 500 cases stored in No. 5 lower 'tween deck-Refrigerating system considered - Inference to be drawn from fact that claims had been made only in respect of 2000 cases; that only a portion of the cases actually stained was the subject of a claim; and that there was no evidence of a greater proportion of taint in No. 4 lower 'tween deck than in No. 5-Expert evidence as to origin of taint.