REARDON SMITH LINE, LTD. v. BLACK SEA & BALTIC GENERAL INSURANCE COMPANY, LTD.

(1939) 64 Ll L Rep 229

HOUSE OF LORDS.

Before Lord Atkin, Lord Thankerton, Lord Macmillan, Lord Wright and Lord Porter.

Charter-party-General average - Deviation-Vessel chartered to load full cargo of ore at Poti and being so loaded proceed to Baltimore - Call at Constantza for bunker-fuel-Stranding at Constantza - Part cargo jettisoned - General average expenditure incurred by shipowners-Cargo lien released by shipowners on guarantee given by cargo underwriters - Claim by shipowners for declaration that cargo underwriters were liable to pay to them the contribution due from cargo towards general average loss and expenditure, and that underwriters should concur in releasing to shipowners the sum deposited in bank in joint names to cover balance of freight (withheld from payment by consignees of jettisoned cargo) - Whether vessel deviated in calling at Constantza - Shipowners' contention that vessel was pursuing a usual and reasonable commercial route - Admissibility of evidence as to the usual commercial route for such a vessel.