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

(1944) 78 Ll.L.Rep. 205

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice du Parcq and Lord Justice Morton.

Cargo-Damage-Master porters-Discharge of cargo (cotton in bales and carbon black in bags) from ship in dock at Birkenhead -Cotton stained by carbon black-Claim by cargo-owners against master porters- Defendants also acting as stevedores- Duty of master porters under Mersey Docks and Harbour Board By-laws "to protect the cargo from loss, damage or injury"-Discharge of cotton into shed already occupied by carbon black which was put ashore first-Evidence that cotton had sustained some staining damage before discharge-Judgment of Hilbery, J., upholding cargo-owners' claim on the ground that the master porters had failed to use all such reasonable and practicable means as were available to minimise the damage likely to be caused by the proximity of the carbon black-Assessment of damages to be referred to Official Referee with a suggestion that the plaintiffs should recover the total damage sustained, less the damage due to bad stowage on board-Appeal by master porters.