C. H. SMITH & SONS FELLMONGERY PROPRIETARY, LTD., AND OTHERS v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY.

(1938) 60 Ll L Rep 419

KING'S BENCH DIVISION.

Before Mr. Justice Singleton.

Bill of lading - Unseaworthiness - Damage to cargo - Plaintiff's cargo carried in 'tween deck and lower hold of defendants' steamship from Australia to United Kingdom - Received for shipment in apparent good order and condition - Delivered damaged by sea water-Cause of entry of sea water - Repairs to ship before commencement of voyage - Replacement of hood over discharge pipe by ship repairers - Bolt holding hood found missing upon arrival in United Kingdom - Evidence that upon conversion of vessel from coal-burning to oil-burning, certain scuppers in the 'tween deck were blanked out, reducing provision for drainage - Discovery of water in 'tween deck during voyage - Duty of ship's officers in such circumstances - Neglect or default in the management of the ship - Australian Sea Carriage of Goods Act, 1924, Schedule, Art. III, r. 1, 2, Art. IV, r. 2 (a), (c), (q).