BRITISH OIL & CAKE MILLS, LTD. v. MOOR LINE, LTD.

(1935) 53 Ll L Rep 29

COURT OF APPEAL.

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

Bill of lading-Discharging expenses (bulk cottonseed at Southampton)-Discharging processes: (1) trimming; (2) bushelling and bagging; (3) hoisting to scale; (4) weighing; (5) discharging overside either into lighter or truck- Clause in bill of lading providing that "The owner and consignee of the goods and shipowner mutually agree to be bound by all of the above stipulations, exceptions and conditions, notwithstanding any custom of the ports of loading and discharging to the contrary" -Dispute between consignees and shipowners as to method of discharge -Discharge effected by Southern Railway (dock authority)-Intimation given to master by S.R. that they objected to delivery in bulk at ship's rail and would only allow delivery in accordance with the method which applied to all classes of grain and seed cargoes, viz., the filling of the seed into bags and the raising of the bags by means of the ship's tackle on to the deck and there weighing the contents of the bags in order to ascertain the outturn-Acquiescence by master- Whether cost of bushelling and bagging fell upon the consignees or the shipowners -Detention of barges, &c., pending dispute-Alleged custom for shipowners to pay for bushelling and bagging.