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Lloyd's Law Reports

YOUNG v. W. M. SMITH & SON.

(1947) 81 Ll.L.Rep. 274

MAYOR'S AND CITY OF LONDONCOURT.

Before His Honour Judge A. Ralph Thomas.

Wharfingers - Negligence - Loss of goods - Agreement made (by telephone) between plaintiff and defendants whereby defendants agreed to store plaintiff's goods (cigarette lighters in cartons) in their bonded warehouse-Advice note sent by defendants to plaintiff informing him that his goods had been warehoused-Advice note containing defendants' adaptation of London Wharfingers Clause-Loss of plaintiff's goods while in defendants' custody- Alleged negligence of defendants - Evidence of precautions taken-Whether defendants protected by London Wharfingers Clause in that (a) it was incorporated in contract between parties; or (b) it was impliedly included by custom or usage of the trade-Reasonableness.

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