NELLO SIMONI v. A/S M/S STRAUM.
(1949) 83 Ll.L.Rep. 157
KING'S BENCH DIVISION.
Before Mr. Justice Devlin.
Arbitration-Award-Findings of fact- Error of law-Dispute between shipowners and charterers-Unseaworthiness -Damage to cargo-Fitness of ship for reception of cargo-Liability of shipowners-Charter by plaintiffs of defendants' refrigerated ship for carriage of fruit from Italy to United Kingdom-Ship ordered to proceed to Leghorn, where she loaded 7479 cases of pears for consignment to charterers- No steps taken to pre-cool holds before cargo shipped - Master informed by shippers that temperature throughout voyage should be maintained at 3 to 4 deg. (Cent.) - Temperature never reduced below 6 deg. (Cent.)-Fruit found to be rotten on discharge, 5989 cases being condemned-Claim brought by plaintiff charterers against defendant shipowners, alleging that, in breach of Clause 2 of charter-party, loss was due to
personal want of due diligence on the part of the owners or their manager to make the vessel in all respects seaworthy and to secure that she is properly manned, equipped and supplied or by the personal act or default of the owners or their manager . . .
Arbitration-Award in favour of charterers-Case stated at request of shipowners - Question for opinion of Court:
Do the matters alleged by the [charterers] amount to "personal want of due diligence on the part of the owners or their manager to make the vessel in all respects seaworthy and to secure that she is properly manned, equipped and supplied" or to "the personal act or default of the owners or their manager" within the meaning of Clause 2 of the charter-party?
Consideration of umpire's findings- Whether in part conclusions of law.