HIRAM WALKER & SONS, LTD. v. DOVER NAVIGATION COMPANY, LTD., AND BRISTOL CITY LINE OF STEAMSHIPS, LTD.

(1949) 83 Ll.L.Rep. 84

KING'S BENCH DIVISION.

Before Mr. Justice Lynskey.

Bill of lading - Unseaworthiness - Overloading -Freeboard-Perils of the sea -Cargo shipped from Halifax (N.S.) to Bristol in steamship owned by first defendants and under time-charter to second defendants - Foundering of vessel on voyage during bad weather- Claim by cargo-owners for loss of cargo, it being alleged that vessel was unseaworthy in that she was overloaded on leaving Halifax-Evidence that ship, by reason of the consumption of bunkers, stores, etc., was not below her marks at the time of the loss - Claim brought against owners and against time-charterers - Cargo delivered by shippers to Canadian National Railways, who issued a through bill of lading and signed it as agents for charterers - Liability of owners as bailees-Canadian Water Carriage of Goods Act, 1936.