CLIFFSIDE SHIPPING COMPANY, LTD. v. THE DISTILLERS COMPANY, LTD.

(1938) 62 Ll L Rep 220

COURT OF SESSION.

Before Lord Jamieson.

Bill of lading-Damage to cargo (maize) by sea water-Shipment in good order and condition-Delivered damaged-Balance of freight withheld by cargo-owners-Counterclaim for damage to cargo-Evidence that greater part of damage was caused by leakage from refrigerator discharge pipe-Shipowners' plea that they were protected by exceptions of perils of the sea and latent defects-Onus of proof-Weather encountered on voyage-Theories propounded by shipowners as to cause of holes found in discharge pipe - "Electrolytic action" or "cavitation"-Proof of latent defect-Seaworthiness of vessel on sailing.