FIRESTONE TYRE & RUBBER COMPANY, LTD. v. VOKINS & CO., LTD.

[1951] 1 Lloyd's Rep. 32

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Lighterage - Short delivery - Proof - Liability of lightermen - London Lighterage Clause-Defendant lightermen engaged by plaintiffs to load bales of rubber from quay to barge for carriage from West India Dock to consignees at Isleworth-Tallies prepared by tally clerk acting for plaintiffs and by defendants' lighterman, showing that 225 bales were loaded into barge- Receipt for 225 bales signed by defendants' lighterman - Outturn of 219 bales-Claim by plaintiffs for short delivery-Plea by defendants that tally was incorrect and that all the bales loaded were delivered; also, assuming the receipt of 225 bales, that defendants were protected by London Lighterage Clause - Evidence of tallying and of opinion expressed at time by defendants' lighterman that only 219 bales were loaded into barge-Unlikelihood of loss in transit - Whether evidence sufficient to displace prima facie proof afforded by receipt-Costs-Validity of their own tally contested by defendants -Facts undisclosed-Reasonableness of plaintiffs in pursuing claim.