BARNES v. J. N. PEACE & CO., LTD.
(1945) 79 Ll.L.Rep. 65
Before Mr. Justice Hallett.
Stevedores - Negligence - Bad stowage - Loss of vessel with all hands-Cause unknown -Balance of probabilities-Onus of proof -Coasting steamer loaded at Liverpool by defendants with rolls and bales of wood pulp for carriage to Preston-Part cargo loaded on deck-Nothing heard of vessel after passing Bar Light-vessel-No wreckage found-Bodies of crew washed ashore -Claim brought by widow of deceased naval gunner against stevedores alleging that the vessel was lost by reason of negligent stowage - Evidence of method of stowage - Proof that ship was slightly tender - Responsibility of stevedores as regards loading of deck cargo-Suggestion of loose stowage in hold which would permit cargo to shift.