HEYN AND OTHERS v. OCEAN STEAMSHIP COMPANY, LTD.

(1927) 27 Ll.L.Rep. 334

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Bill of lading-Loss of cargo by theft in port at Shanghai-"Neither the carrier nor the ship shall be responsible for loss or damage arising . . . from . . . (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier" - Inference from fact that thieves must have known inner workings of ship - Probability that thieves were among stevedores - Whether stevedores "agents or servants of the carrier" within the meaning of the Act-Carriage of Goods by Sea Act, 1924, Sched. Art. 3 (2), Art. 4 (2) (q)- Judgment for goods-owners.