E. TIMM & SON, LTD. v. NORTHUMBRIAN SHIPPING COMPANY, LTD.

(1938) 60 Ll.L.Rep. 191

COURT OF APPEAL.

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

Bill of lading-Unseaworthiness-Bunkers -"Faults or errors in navigation" -Claim by cargo-owners against shipowners for loss of cargo shipped at Vancouver for Hull - Vessel, having left Colon, bound for St. Thomas to bunker-Inadequacy of bunkers-Decision of captain to deviate to Port Royal, Jamaica, for bunkers-Stranding of vessel on the Morant Cays in normal weather-Total loss of vessel and cargo-Evidence as to navigation of vessel prior to stranding-Whether shipowners had failed to exercise due diligence to make the vessel seaworthy in regard to her bunkers - Plaintiffs' contention that insufficient bunkers were carried for stage of voyage from Vancouver to St. Thomas, or, assuming a fresh stage commenced at Colon, for voyage from Colon to St. Thomas - Dispute as to bunker requirements for such a voyage-Seaworthiness by stages -Incorporation in bill of lading of Canadian Water-Carriage of Goods Act, 1910-Sects. 4, 6, 7.