STUDEBAKER DISTRIBUTORS, LTD. v. CHARLTON STEAM SHIPPING COMPANY, LTD.

(1937) 59 L1.L.Rep. 23

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Bill of lading-Damage to cargo (unboxed motor cars)-Bad stowage-Unseaworthiness - Claim by consignees - Liability of shipowners - Exception clauses in bill of lading - "If the vessel completes her loading at this port under the inspection of a surveyor of the Board of Underwriters of New York, and receives the certificate of such survey certifying that the vessel has conformed to the rules of the Board of Underwriters of New York in relation thereto, such certificate issued in the usual form shall be accepted by the shipper, owner and consignees of the goods, as conclusive evidence that the vessel has been properly prepared in every way for cargo and that these goods and all other cargo on board have been properly dunnaged and stowed, notwithstanding such certificate merely recites that the vessel has completed loading under said inspection and has conformed to the rules referred to above"-Certificate issued - Further clause providing that "it is agreed and understood that the value of each package shipped hereunder does not exceed the sum of 250 dols."-Whether clause void under Harter Act-Meaning of "package"-Whether including unboxed motor cars-Preliminary points of law.