SMITH AND OTHERS v. COKER AND THE MERSEY PORTS STEVEDORING COMPANY, LTD.

(1943) 77 Ll L Rep 422

LIVERPOOL ASSIZES.

Before Mr. Justice Hilbery.

Cargo - Damage - Claim against master porters-Discharge of cargo (cotton in bales and carbon black) from ship in dock at Birkenhead-Cotton stained by carbon black-Claim by cargo-owners against first and second defendants-Allegation that either or both defendants failed in their duty as master porters to take adequate precautions to protect the cotton cargo- Dispute between defendants as to which of them was the master porter conducting the reception of the cargo, its storage and redelivery to the consignees-Cargo badly stowed in ship-Damage incurred by cargo before discharge-Evidence of method of discharge and storage, and of precautions which were taken-Second defendants also acting as stevedores.