HAIN STEAMSHIP COMPANY, LTD. v. CANADIAN TRANSPORT COMPANY, LTD.
(1942) 73 Ll.L.Rep. 80
KING'S BENCH DIVISION.
Before Mr. Justice Atkinson.
Charter-party-Demurrage-Delay in discharging -Exceptions clause-Ejusdem generis rule-Charter of vessel for voyage from British Columbia to Taku Bar- Normal place of discharge from ocean steamers for cargo destined for Tientsin, about 40 miles up River Peiping- Clause 10: "Charterers shall not be responsible for any delay if the cargo intended for shipment under this charter-party cannot be provided, delivered, loaded, or discharged by reason of riots strikes or lock-outs of any class of workmen or stoppage of labour connected in any way with, or essential to the providing, delivery, loading or discharging of the cargo, or by reason of floods, fire, ice, frosts, fogs, bad weather, and all accidents or hindrances or other cause or causes beyond the control of shippers or receivers which may prevent or delay the providing, delivery, loading, or discharging of the cargo, including all accidents to piers, mines, mills, factories, or machinery, railway and canal stoppages and hindrances, political disturbances, insurrections or interventions of constituted authorities"-Transhipment by lighters from Taku Bar to Tientsin within contemplation of parties, and only reasonable and possible course for lighters to take-Shortage of lighters owing to (a) abnormal congestion of vessels at Taku Bar; (b) strong wind and current retarding passage of lighters up river; (c) commandeering by Japanese military authorities of Chinese and Japanese owned lighters; (d) interference by Japanese military authorities with passage of British owned lighters up and down river-"Other cause or causes beyond the control of shippers or receivers" - Construction - Meaning of "discharge"-Shortage of lighters contributed to by reason that they were sent to Tientsin-Whether a hindrance or delay within Clause 10-Assessment of length of delay due to shortage of lighters -Award that charterers had failed to prove that the delay in discharging was due to any cause set out in Clause 10 and that the shipowners were entitled to demurrage-Case stated.