ELOF HANSSON AGENCY, LTD. v. VICTORIA MOTOR HAULAGE COMPANY, LTD.

(1938) 60 Ll.L.Rep. 332

KING'S BENCH DIVISION.

Before Mr. Justice Singleton.

Lighterage-Damage to consignment of bales of paper shipped in barge in Surrey Commercial Docks-Contract by defendants (haulage, wharfage and lighterage contractors) to collect on plaintiffs' behalf bales of paper from steamship Regulus and deliver as directed-Condition on defendants' accounts providing: "Not responsible for strikes, lockouts, or labour disturbances of any kind"-Sub-contract entered into by defendants with lighterage company to provide barge-Barge part loaded-Sinking of barge overnight -Alleged unseaworthiness-Liability of defendants-Contract of affreightment-Warranty of seaworthiness -Contention by defendants that plaintiffs were impliedly bound by subcontract conditions; alternatively, by terms of London Lighterage Clause, as recently amended, which amendment provided that carriers were not responsible for unseaworthiness of craft- Custom.