NATIONAL PETROLEUM COMPANY v. "ATHELVISCOUNT" (OWNERS).

(1934) 48 Ll.L.Rep. 164

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Bill of lading - Shipment of Rumanian export type kerosene and fuel oil - Charter by plaintiffs (buyers of oil) of defendants' steamer Athelviscount- Loading of vessel by pipe-line-Bills of lading signed by master: "Shipped in good order and condition . . . Weight, quantity and quality unknown to me"-Kerosene delivered discoloured - Claim by charterers for damages-Disputed cause of discoloration - Arbitration - Case stated - Findings of umpire that the tanks, pipes and pumps were cleaned in accordance with the terms of the charter-party before any oil was loaded; that the kerosene was not contaminated by fuel oil in the Athelviscount; that the kerosene was loaded by two different shippers and that their shipments were mixed in the vessel's tanks; that the certificate of analysis of kerosene taken from shore tanks, drawn up by charterers' representative, did not specify which shipper's kerosene was analysed nor did it state that the kerosene was taken from any shore tank from which the Athelviscount was loaded; that it was not possible for the master to determine the quality of the kerosene as it was being pumped into the vessel's tanks (in signing the bills of lading describing the kerosene as Rumanian export type kerosene he relied upon the description given by the shippers or by charterers' representative and qualified his description by the words "quality unknown"); that in signing a statement as to discoloration, drawn up by experts appointed by the charterers' representative, the master had no means of knowing whether the kerosene loaded from the particular shore tanks was good quality and colour water white except from what he was told by the shippers or by the charterers' representative; and that the shipowners, on the facts as above stated, were not estopped by reason of the statements contained in the bills of lading from denying that the kerosene as delivered to the ship was Rumanian export type kerosene in good order and condition - Defect of quality or condition - Request by charterers that award be remitted for the adduction of further evidence as to discoloration -Charterers out of time