SEWARAM v. ELLERMAN LINES, LTD.

(1930) 37 Ll L Rep 97

KING'S BENCH DIVISION.

Before Mr. Justice Rowlatt.

Bill of lading-Damage to cargo (bales of cotton) by sea water-Unseaworthiness or perils of the sea-Leak in ballast tank air pipe-Damaged pipe produced for examination-Inferences to be drawn from nature of damage and from fact that pipe was encased in wood-Held, upon a consideration of the facts, that the pipe was broken at the commencement of the voyage; that the vessel was therefore unseaworthy; and that the shipowners had not discharged the onus of showing that they had exercised due diligence to make the vessel seaworthy-Judgment for cargo-owners.