ASLAN v. IMPERIAL AIRWAYS, LTD.

(1933) 45 Ll.L.Rep. 316

KING'S BENCH DIVISION.

Before Mr. Justice MacKinnon.

Carriage by air-Non-delivery of bullion by defendant air carriers-Consignment from Baghdad to London- Assumed facts: (a) that the aeroplane had not a compartment for the carriage of bullion which was reasonably fit to resist thieves; (b) that the bullion was lost because of that; and (c) that the goods were lost by reason of the negligence of the defendants- Transport conditions: (2) The defendants "reserve the right to refuse to accept any goods for carriage." (9) The defendants "accept freight for carriage only at the risk of the senders . . . No responsibility is accepted for loss, damage or delay caused directly or indirectly during the conveyance by aeroplane"-Additional provision that defendants "are not common carriers and do not accept the obligations or liability of common carriers" -Liability of defendants-Extent of implied warranty of airworthiness