R. & W. PAUL, LTD. v. NATIONAL STEAMSHIP COMPANY, LTD.

(1937) 59 L1.L.Rep. 28

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Bill of lading-Damage to cargo (maize) by heating-Unseaworthiness or inherent vice-Claim by plaintiffs as endorsees, alternatively as holders, of bills of lading, against shipowners-Cargo bought by plaintiffs from B & Co., who had bought direct or indirect from shippers-London Corn Trade Association La Plata Grain Contract (Rye Terms)-Deficiency clause: "Any deficiency on bill of lading weight to be paid for by seller and any excess over bill of lading weight to be paid for by buyer, at contract price. The whole shipment to be weighed"-Rye Terms clause: "Condition guaranteed on arrival (subject to any country damaged grain in the fair average quality of the season's crop). Slight dry warmth not injuring the grain not to be objected to, but damage by sea water or otherwise, to be taken by buyer with an allowance for deterioration (except for country damaged as above), calculated on a percentage based on contract price, to be fixed by arbitration in London, according to the arbitration rule endorsed hereon. Samples to be taken and sealed at port of discharge jointly by the agents of the shippers, and of the holders of the bill of lading or shipper's delivery order"-Right of plaintiffs to sue-Passing of property-Bills of Lading Act, 1855-Measure of damages-Unseaworthiness -Evidence of unfitness of vessel for carriage of maize-Unsheathed engine-room bulkhead-Steam pipes in tunnel-Inference to be drawn from locality of damage.