THOMSON, WATSON & CO. v. POVERTY BAY FARMERS' MEAT CO.

(1924) 19 Ll L Rep 421

SUPREME COURT OF SOUTHAFRICA.(CAPE OF GOOD HOPEPROVINCIAL DIVISION).

Before Mr. Justice Gardiner and a Special Jury.

Bill of lading-Claim by ship's agents for reimbursement of amounts paid to meet claims by consignees for pilferage -Exception in bill of lading of "loss or damage occasioned by . . . thieves by land or sea whether in the service of the shipowner or not" held to cover any kind of theft committed by anybody except shipowner himself - Whether shipowners' agents, holding principals' authority to settle claims and having paid what their principals were not bound to pay, entitled to reimbursement -Discretion of agents-Custom of the port by which agents disregard exceptions from shipowners' liability and pay claims for which under bill of lading shipowners are not liable-Unreasonable custom unknown to defendant shipowners.