CHANDRIS v. ISBRANDTSEN-MOLLER COMPANY, INCORPORATED.

(1949) 83 Ll.L.Rep. 385

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Charter-party-Demurrage-Damages for detention - Dangerous cargo -Shipment with consent of master-Ejusdem generis rule - Interest - Plaintiff's steamship chartered by defendants to load in New York/Jacksonville range a full and complete cargo for discharge at Liverpool-"Cargo to consist of lawful general merchandise, excluding acids, explosives, arms, ammunition or other dangerous cargo . . ."-Incorporation of United States Carriage of Goods by Sea Act, 1936-Cargo shipped including 1546 tons of turpentine- Freight accepted by shipowner at charter-party rate-Arrival at Liverpool dock-Ship ordered by authorities to discharge overside in river owing to dangerous nature of turpentine-Extra expenses incurred by ship-Additional time taken in discharging-Claim by shipowner-Measure of damage where dangerous cargo shipped in breach of charter-party - Whether turpentine "other dangerous cargo"-Interpretation of ejusdem generis rule-Purpose of rule-Turpentine shipped with consent of master-Liability of shipper under U.S. Act where cargo of a "dangerous nature" shipped with consent of master-Whether liability of charterers in respect of additional time taken in discharging dangerous (or "non-contract") cargo limited by provisions of demurrage clause or assessable as damages at large-Applicability of demurrage clause assuming shipment of turpentine was in breach of fundamental obligation under charter-party -Shipowner's option where "non-contract" cargo tendered-Affirmation by shipowner - Effect - Arbitration- Award including damages for detention in respect of additional discharging time taken-Jurisdiction of arbitrator to award interest-Case stated-United States Carriage of Goods by Sea Act, 1936, Sect. 4 (6).