W. WEDDEL & CO., LTD., AND ANOTHER v. PENINSULAR & ORIENTAL STEAM NAVIGATION COMPANY.

(1938) 61 Ll.L.Rep. 232

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Bill of lading-Damage to plaintiffs' cargo (frozen ox kidneys)-Received for shipment in London by defendants' steamer in "apparent good order and condition" -Instructions given to defendants on plaintiffs' behalf that goods, which were in bond in London, were to be shipped to Gibraltar-Defendants subsequently informed that port of destination should be Port Said - Failure by defendants to carry out further instructions - Goods erroneously put ashore at Gibraltar, kept in cold store there and later transhipped to Port Said-Goods found to be unmerchantable on arrival at Port Said-Evidence of steps taken to ensure that goods were kept in good condition both before and after shipment in London -Onus of proof that goods were sound on shipment.