OWNERS OF CARGO IN MOTOR VESSEL "GREYSTOKE CASTLE" v. OWNERS OF STEAMSHIP "CHELDALE."

(1944) 78 Ll L Rep 129

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice du Parcq.

Collision-Damages-Both to blame-General average contribution by cargo in carrying ship-Right of recovery from other ship- Collision between steamship Cheldale and motor vessel Greystoke Castle-General average expenses incurred by Greystoke Castle-Contribution made by owners of cargo on board-Apportionment of collision liability: Greystoke Castle, three-quarters; Cheldale, one-quarter-Limitation decree obtained by Greystoke Castle -Cross-settlement of claims between shipowners -Owners of Greystoke Castle said to have received credit for items in respect of which they had also received contribution from cargo-owners-No refund made to cargo-owners by owners of Greystoke Castle-Claim for damages brought by cargo-owners against owners of Cheldale -Reference to Registrar-Items claimed: (1) Damage to cargo; (2) General average contribution made to owners of Greystoke Castle-Report awarding damages under both heads-Motion in objection by owners of Cheldale in respect of recovery of general average contribution-Double payment -The Marpessa, [1891] P. 403-The Minnetonka, [1905] P. 206-The Sucarseco, 51 Ll.L.Rep. 238.