G. W. GRACE & CO., LTD. v. GENERAL STEAM NAVIGATION COMPANY, LTD.
(1949) 83 Ll.L.Rep. 297
KING'S BENCH DIVISION.
Before Mr. Justice Devlin.
Charter-party - Safe port - Ice - Extraordinary danger-Damage to ship- Liability of charterers - Baltime Charter-party for hire of steamship Sussex Oak, which provided by Clause 2
for the carriage of lawful merchandise only between good and safe ports or places where she can safely lie always afloat (or safe aground where other vessels of similar size and draft customarily load and discharge aground in safety) within the following limits:
United Kingdom, Continent, Elbe, Brest limits . . .
Further provisions in charter-party:
7. The vessel to be delivered on the expiration of the charter in the same good order as when delivered to the charterers (fair wear and tear excepted) at an ice-free port in the charterers' option.
9. . . . . . . . The master to be under the orders of the charterers as regards employment, agency, or other arrangements. The charterers to indemnify the owners against all consequences arising from the master, officers or agents signing bills of lading or other documents or otherwise complying with such orders . . .
10. The charterers to furnish the master with all instructions and sailing directions . . .
15. The vessel not to be ordered to nor bound to enter . . . (b) any icebound place or any place where lights, lightships, marks and buoys are or are likely to be withdrawn by reason of ice on the vessel's arrival or where there is risk that ordinarily the vessel would not be able on account of ice to reach the place or to get out after having completed loading or discharging. The vessel not
to be obliged to force ice. If on account of ice the master considers it dangerous to remain at the loading or discharging place for fear of the vessel being frozen in and/or damaged, he has liberty to sail to a convenient open place and await the charterers' fresh instructions.
Vessel ordered by charterers to load flour at London for Hamburg and on arrival there to load timber for London -Ice damage sustained in River Elbe- Claim by owners-Evidence that ship had to force her way through ice both in reaching and in leaving Hamburg- Navigational dangers extraordinary both in character and in degree- Arbitration - Award in favour of owners - Case stated - Meaning of "unsafe port"-Whether port unsafe by reason of ice dangers encountered on way-Applicability of Clause 2, bearing in mind specific ice provisions contained in Clause 15-Temporary condition of unsafety-Evidence of unsafety - Damages - Remoteness - Liberty of master to refuse to sail to unsafe port-Voluntary act of master in proceeding up river.