COVENTRY SHEPPARD & CO. v. LARRINAGA STEAMSHIP COMPANY, LTD.

(1942) 73 Ll L Rep 256

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Bill of lading-Damage to cargo (flour)- Timber-taint-Bad stowage-Shipment in apparent good order and condition of 7120 sacks of flour in defendants' steamship from Vancouver to London-Large parcels of timber also carried-3800 sacks on delivery found to be timber-tainted- Liability of shipowners-Clause 1 of bill of lading: "Carrier . . . shall not be liable for any loss of, or damage to, any of the said merchandise resulting from . . . sweat, smell, taint . . ."-Clause 7: "The shipowner . . . shall not be liable . . . for any claim, notice of which is not given within 10 days after discharge . . ."- Canadian Water-Carriage of Goods Act, 1936, Art. III (2), (6), (8), Art. IV (2) (q)- Repugnancy of bill of lading clauses- Notice of damage not given within three days-Onus of proof-Evidence of stowage and survey.