TEMPUS SHIPPING CO., LTD. v. LOUIS DREYFUS & CO.

(1930) 37 Ll L Rep 273

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Slesser.

General average - Claim by shipowners against cargo-owners for contribution towards ship's expenditure occasioned by spontaneous combustion of bunkers - Best bunker coal - Finding that bunkers were unfit and that vessel was unseaworthy-Merchant Shipping Act, 1894, Sect. 502 - Effect - Held, on appeal (Scrutton, L.J., dissenting) that there was a common danger; that, it being proved that fire, although resulting from unseaworthiness, occurred without the "actual fault or privity" of the shipowners, the shipowners were entitled to recover from the cargo-owners a proportionate part of the expenditure. Counterclaim by cargo-owners for loss of or damage to heated cargo discharged into lighter at Montevideo - Whether shipowners protected by Sect. 502 - Whether damage due to "fire" on board - "Actual fault or privity" - Whether shipowners' managers in fault in failing to give specific instructions to the captain as to fires in bunkers - Held, dismissing cross-appeal, that the heating of the cargo was no doubt due to incandescent bunker coal; that the managers were not in fault in leaving the emergency of bunker fires to the practical experience of the master; and that the shipowners were therefore protected by Sect. 502.