REDERIAKTIEBOLAGET "MACEDONIA" v. SLAUGHTER.

(1935) 52 Ll L Rep 4

COURT OF APPEAL.

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

Bill of lading-Charter-party-Demurrage -Discharging of cargo (London)- "The cargo shall . . . be discharged by the vessel in the customary manner as fast as the vessel can deliver during the ordinary working hours of the port, on to the quay and/or into lighters and/or craft and/or rafts and/or wagons and/or on to bogies and thereon stowed and/or stacked as customary at the port of discharge, the consignees having the right to select any one or more of these alternatives if customary and available at the time of discharge. In the execution of any work done beyond discharging cargo at the ship's rail or within reach of the ship's tackle or shore crane tackle, as the case may be, the shipowner shall act as stevedore with the liabilities only of such and not further or otherwise, but the shipowner shall not be liable for damage by fire, even though caused by the act or neglect of the shipowner or his servants or of any person for whom he is responsible" -Instructions given to ship by consignee to discharge overside into barges -Barges sent alongside by consignee- Strike of London lightermen shortly afterwards-Unavailability of discharge into lighters-Alternative method of discharge on to P.L.A. quay -Respective duties of shipowners and consignee - Intimation given by captain to consignee that discharge into lighters was impracticable and that arrangements should be made by the consignee with P.L.A. to enable the cargo to be discharged on to quay, otherwise demurrage would be claimed-Refusal by P.L.A. to permit discharge on to quay without consent of consignee-Failure of consignee to make necessary arrangements-Custom -Claim by shipowners for demurrage.