WILLIAM SOANES, LTD. v. F. E. WALKER, LTD.
(1945) 79 Ll.L.Rep. 646
KING'S BENCH DIVISION.
Before Lord Goddard (Lord Chief Justice).
Lighterage - Short delivery - London Lighterage Clause-Defendant lightermen engaged by plaintiff wharfinger to bring cargo (cases of dried eggs) by barge from ship in London dock to plaintiffs' wharf -Evidence that barge arrived on Friday and that unloading commenced on the following Monday; and that when unloading was completed it was found that 40 cases were missing-No evidence as to when loss took place-"The goods are carried only at owners' and/or customers' risk, excepting loss arising from pilferage and theft of goods on board the barge whilst in course of transit. . . ."-Duty of protection of cargo after arrival at plaintiffs' wharf-Onus of proof of loss by pilferage or theft during voyage.