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Lloyd's Law Reports

THE "TEAL."

(1948) 82 Ll.L.Rep. 414

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher.

Ship - Limitation of liability - Improper management of the ship-Actual fault or privity of shipowners-Explosion on board plaintiffs' barge, loaded with chlorate of soda - Damage to defendants' property ashore and afloat - Damaged drums loaded into barge - Ignorance of plaintiffs' employees of dangerous character of cargo-Alleged lack of proper system of informing employees of dangerous cargoes-Whether explosion and damage occurred without plaintiffs' actual fault or privity - Onus of proof-S. (plaintiffs' order clerk) provided by plaintiffs with book relating to classification of merchandise -Practice for S. to warn fellow employees by indication on loading note if cargo dangerous - Failure by S. to do so-Whether the acceptance of drums, and stowage on board the barge, in their damaged and leaky condition was an act of negligence in the management of the barge-Meaning of "improper management of the ship" -Merchant Shipping (Liability of Shipowners and others) Act, 1900, Sect. 1.

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