PUSHMAN BROTHERS, INC. v. BRITISH INDIA STEAM NAVIGATION COMPANY, LTD.

(1933) 47 Ll.L.Rep. 50

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Bill of lading-Damage to cargo (carpets) by sea water-Hold flooded-Flooding valve turned on by unknown person - Valve protected by locked steel cover- Shipowners' plea that they were protected by bill of lading exceptions - "Barratry . . . perils, dangers and accidents of the sea . . . unseaworthiness, unfitness, or defect of any kind in hull, machinery, tackle, equipment, engines or appurtenances at the commencement or any stage of the voyage (provided reasonable means have been taken by the [shipowners] at the port of shipment to prevent same): any act, neglect or default whatsoever of pilot, master, officers, mariners, engineers, stevedores or other servants or agents whatsoever of the [shipowners]" - Allegation by cargo-owners that vessel was unseaworthy (inadequate protection of the flooding valve) and that reasonable steps had not been taken to prevent such unseaworthiness