OWNERS OF CARGO EX "GREYSTOKE CASTLE" v. MORRISON STEAMSHIP COMPANY, LTD. [THE "CHELDALE."]

(1946) 80 Ll.L.Rep. 55

HOUSE OF LORDS.

Before Viscount Simon, Lord Roche, Lord Porter, Lord Simonds and Lord Uthwatt.

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 - Claim for damages brought by owners of cargo ex Greystoke Castle 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 - Nature of general average expenditure incurred by ship - Relationship between ship and cargo - Obligation of cargo to contribute - Right of cargo to recover from wrongdoing ship as head of damage - Whether flowing from tortious act of wrongdoing ship - Remoteness of damage.