THE "THAMES."

(1940) 67 Ll.L.Rep. 91

COURT OF APPEAL.

Before Sir Wilfred Greene (Master of the Rolls), Lord Justice Scott and Lord Justice MacKinnon.

Limitation of liability-Hirer of barge- "Sole charge and management"- Barge hired by plaintiff in March, 1937-Continuous hire for 18 months- Cargo safely carried during that period-Cargo loaded on board in November, 1938, found to be damaged by water-Hole in chine angle through wasting - Claim by cargo-owners against plaintiff-Right of plaintiff to limitation-Barge hired on terms that barge-owners should not be liable for the consequences of any defect, whether patent or latent, existing at the time of hiring or subsequently appearing, and that hirers should satisfy themselves by examination as to seaworthiness and fitness in all respects for purpose for which barge required before taking possession-Further agreement that barge-owners should make good all damage to barge due to wear and tear- Limitation rights in respect of loss of or damage to goods on board a ship extended by Sect. 1 of the Merchant Shipping Act, 1921, to owner of barges, the expression "owner" to include "any hirer who has contracted to take over the sole charge and management thereof and is responsible for the navigation, manning and equipment thereof" provided loss or damage occurred without his actual fault or

privity - Whether plaintiff had "sole charge and management" of barge; if he had, whether loss or damage occurred without his actual fault or privity-Meaning of "management" -Evidence of periodical two-yearly inspections by owners.