W. R. VARNISH & CO., LTD. v. "KHETI" (OWNERS).

(1948) 82 Ll.L.Rep. 525

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher.

Bill of lading-Onions Clause-Bad stowage - Unseaworthiness - Liability of shipowners-Parcels of onions shipped in apparent good order and condition in defendants ship from Alexandria to Liverpool-Delivery in damaged condition -Claim by plaintiff indorsees of bills of lading, alleging unseaworthiness and/or negligent stowage-Incorporation of Carriage of Goods by Sea Act, 1924-Bills of lading containing following superimposed stamped "Onions Clause": It is specially agreed that no liability for loss or damage to and/or deterioration in onions shall attach to the master and/or owners of the steamer, even if such loss, damage and/or deterioration result from a cause for which but for this special agreement to the contrary, the steamer would have been liable. The steamer shall not be responsible for obliteration of marks and numbers, delay in delivering or incorrect delivery involving loss whether in quality, condition, or other account, nor for protraction of voyage through any cause whatever.

Whether plaintiffs' claim maintainable, having regard to terms of "Onions Clause," even assuming that unseaworthiness and/or negligent stowage was proved-Preliminary point of law.