CLEMENT SHAW & CO., LTD. v. JOSEPH C. MOUNT & CO.

(1948) 82 Ll.L.Rep. 995

KING'S BENCH DIVISION.

Before Lord Goddard (Lord Chief Justice).

Warehousemen - Contract - Negligence -Storage of motor lorries-Exemption of liability from negligence-"Owner's risk"-Oral contract entered into by which defendant warehousing company agreed to receive and store motor lorries on plaintiffs' behalf-Dispute as to terms of contract relating to draining of water systems-Contract affirmed by letter from defendants to plaintiffs in which defendants intimated that they would "drain the radiators on arrival," and that lorries would be accepted at "owner's risk"-Printed condition exempting defendants from liability for negligence - Evidence that each lorry contained two drainage systems; that the system applicable to the cylinder blocks was not drained; and that damage by frost was incurred-Claim by plaintiffs for damages for breach of contract and/or negligence.