W. P. WOOD & CO. v. HANSEATISCHE REEDEREI AKTIENGESELLSCHAFT.

(1930) 37 Ll L Rep 144

KING'S BENCH DIVISION.

Before Mr. Justice Wright.

Bill of Lading - Damage to cargo (wheat) - Unseaworthiness or perils of the sea - Three classes of damage alleged: (1) Heat and moisture damage due to proximity of wood cargo; (2) Wheat in bilges due to defective caulking in hold; (3) Sea water through slit in ballast tank air pipe - Inference to be drawn from the logs, the evidence and survey report - Held, that the weather was so exceptionally severe as to constitute a peril of the sea; that the damage was due to that sea peril; and that there was no breach by the shipowners of their obligation to exercise due diligence to make and keep the vessel seaworthy, &c. - Canadian Water-Carriage of Goods Act, 1910, Sect. 4 - Judgment for shipowners.