STAG LINE, LTD. v. ELLERMAN & PAPAYANNI LINES, LTD.

(1948) 82 Ll.L.Rep. 826

KING'S BENCH DIVISION.

Before Mr. Justice Morris.

Charter-party-Damage to ship-Liability of charterers-Unsafe port or berth- Compliance with charterers' orders- Improper or negligent act of charterers-Charter by defendants of plaintiffs' ship for a period of one outward voyage to Mediterranean "where she can lie safely always afloat or safely aground where vessels of similar size are accustomed to lie safely"-"Steamer to be redelivered . . . in Naples"-Further provisions in charter: 8. . . . Captain to be under the orders of charterers as regards employment, agency, or other arrangements. Charterers to indemnify owners against all consequences or liabilities arising from captain . . . complying with such orders . . . 12. . . . Charterers to be responsible for loss or damage caused to steamer or owners by goods being loaded contrary to the terms of this charter or by improper or careless loading or stowage of goods or any other improper or negligent act on their part or that of their servants.

Voyage to Naples, where ship ordered to Berth 51 by military authorities, who were in control of port-Cargo discharged and ship redelivered to shipowners-Damage to propeller in leaving berth-Tip of one blade broken off-Evidence that port of Naples had suffered extensive war damage and that there was under-water obstruction from debris-Whether Naples was a port where vessel could "lie safely always afloat"-Meaning of "safe port"- Plea by charterers that propeller was damaged owing to negligent navigation of master in leaving port-Whether such damage was a consequence which arose from master complying with charterers' orders-Alleged "improper or negligent act" on charterers' part- Measure of damages-Spare (old) propeller fitted at Sunderland as temporary repair while afloat-New propeller subsequently fitted in dry dock at Hull-Damage to low pressure piston rod-Whether resulting from propeller damage.