RATCLIFF v. NEWMAN & CLARK, LTD., AND OTHERS.

(1943) 77 Ll L Rep 327

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Sale of goods-Quality-Purchase of cattle cake (in bags) by plaintiff-Cake found to contain castor seed, causing death of number of plaintiff's cattle - Agreed damages-Liability admitted by defendant sellers-Claim by defendants to be indemnified by third parties, who also admitted liability-Claim by third parties against fourth parties, who in turn brought in fifth parties, fifth parties bringing in sixth parties (original shippers from Bombay)-Dispute whether castor seed found its way into cattle cake before shipment or during discharge-Ship loaded with both cattle cake and castor seed (also in bags)-Castor seed discharged at intermediate port between Bombay and London (where cattle cake was discharged)- Evidence as to discharge of such cargo- Sweepings and "loose collected" - Burden of proof-Balance of probabilities.