R. & W. PAUL, LTD. v. "COLORADO SPRINGS" (OWNERS); MICKS, LAMBERT & CO. v. SAME.

(1930) 37 Ll L Rep 303

HULL COUNTY COURT.

Before His Honour Judge Beazley.

Bill of lading - Damage to cargo (grain in bulk) - Grain shipped in good order and condition and delivered damaged - Plaintiffs' claim that damage was due to (1) unseasoned dunnage, shifting boards, shores, &c.; (2) unsheathed stokehold bulkhead; and (3) unlagged steam pipes contained in unsheathed tunnel and tunnel recess; and that vessel was accordingly unseaworthy- Defence; that damage was due to inherent vice and/or Act of God and/or perils of the seas - Incorporation of Harter Act - Held, that although the vessel was an oil-burning vessel, the bulkhead should have been sheathed; that having regard to the "state of the knowledge and standards prevailing at the material time" the pipes should have been lagged and the tunnel and tunnel recess should have been sheathed; that the vessel was therefore unseaworthy and that the facts showed that the shipowners had failed to exercise due diligence to make it seaworthy; and that accordingly the shipowners were precluded by the Harter Act from relying upon the bill of lading exceptions of inherent vice or Act of God or perils of the seas - Judgment for plaintiffs.