E. TIMM & SON, LTD. v. NORTHUMBRIAN SHIPPING COMPANY, LTD.

(1939) 64 Ll L Rep 33

HOUSE OF LORDS.

Before Lord Atkin, Lord Thankerton, Lord Russell of Killowen, Lord Wright and Lord Porter.

Bill of lading-Unseaworthiness-Bunkers -Seaworthiness by stages-"Faults or errors in navigation"-Claim by cargo-owners against shipowners for loss of cargo shipped at Vancouver for Hull-Vessel, having left Colon, bound for St. Thomas to bunker-Inadequacy of bunkers-Decision of captain to deviate to Port Royal, Jamaica, for bunkers-Stranding of vessel on the Morant Cays in normal weather-Total loss of vessel and cargo-Admission that loss was due to negligent navigation of master-Whether shipowners had failed to exercise due diligence to make the vessel seaworthy in regard to her bunkers-Plaintiffs' contention that insufficient bunkers were carried for stage of voyage from Vancouver to St. Thomas, or, assuming a fresh stage commenced at Colon, for voyage from Colon to St. Thomas-Dispute as to bunker requirements for such a voyage - Seaworthiness by stages - Determination of stage - Authority of master to take in further bunkers at Colon if necessary-Shipowners' contention that Court should apply a lower standard of seaworthiness where vessel had an optional intermediate bunkering port; that there was a sufficiency of bunkers, bearing in mind that optional facility; and that the failure to make good what in fact turned out to be a deficiency was not a breach of the warranty of seaworthiness but was a fault or error of the master for which the shipowners were excused-Canadian Water-Carriage of Goods Act, 1910, Sects. 6, 7.