PHILLIPS & CO. (SMITHFIELD), LTD. v. CLAN LINE STEAMERS, LTD.

(1943) 76 Ll L Rep 58

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Bill of lading-Damage to cargo (frozen rabbits)-Shipment of cases of skinned and unskinned rabbits in Australia for United Kingdom-Stowage in refrigerated hold just below hatch-Cargo received for shipment "in apparent good order and condition"-Certified by Australian Government inspector as thoroughly sound and suitable for human consumption, in good order and hard frozen-Delivery damaged-Claim by cargo-owners-Plea by shipowners that damage was due to inherent vice-Evidence of condition of rabbits before shipment and of steps taken by shipowners to ensure safe temperatures during stowage on board-Inference to be drawn from fact that rabbits stowed elsewhere in ship were delivered undamaged- Onus of proof-Australian Sea Carriage of Goods Act, 1924, Schedule, Art. III. Art. IV (1), (2).