THE "STRANNA."

(1938) 60 Ll.L.Rep. 51

COURT OF APPEAL.

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

Bill of lading-Short delivery-Shipment of timber at Alma, N.B.-Loss of deck cargo while loading, following a list first to port and then to starboard- Unascertained cause - Liability of shipowners-Deck cargo carried "at charterer's risk" - "Perils of the sea . . . and all and every other dangers and accidents of the seas, rivers, and navigation wheresoever, including ports of loading . . . of whatever nature and kind soever . . . always mutually excepted, even when occasioned by negligence, default, or error in judgment of the . . . master, mariners, or other servants of the shipowners" -Contentions by shipowners (1) that loss was due to a peril of the sea; (2) that the deck cargo was carried "at charterer's risk" and that as no negligence had been proved against the shipowners they were protected by those words-Onus of proof-Whether a "peril of the sea" or a "peril on the sea."