NORTHERN FRUIT BROKERS, LTD. v. ABERDEEN & COMMONWEALTH LINE, LTD. [THE "JERVIS BAY."]

(1940) 66 Ll.L.Rep. 184

KING'S BENCH DIVISION.

Before Mr. Justice Wrottesley.

Bill of lading-Damage to cargo of apples -"Brown heart"-Cargo shipped at Hobart "in apparent good order and condition"-Delivered at Hull severely affected by "brown heart"-Claim by cargo-owners against shipowners- Whether damage resulted from inherent vice or from failure of shipowners properly to carry, keep and care for the apples-Cargo examined by Commonwealth Government inspectors before shipment-Expert evidence upon cause of damage-Excessive concentration of carbon dioxide - Instructions given to ship's officers as to care of such a cargo - Records of carbon dioxide content of holds-Australian Sea Carriage of Goods Act, 1924, Schedule, Arts. III, IV.