THOMSON v. MICKS, LAMBERT & CO.

(1933) 47 Ll.L.Rep. 5

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

General average-Unseaworthiness-Claim by shipowner against cargo-owners for general average contribution- Hatches stove in during heavy weather -Vessel puts into port of refuge, cargo being unloaded, reconditioned and reloaded - Allegation by cargo-owners that vessel was unseaworthy in that her hatch covers were too thin and worn; that No. 6 'tween deck was inefficient for the carriage of cargo (the ventilator coaming was not high enough and there were no scuppers); and that water had penetrated through the skin of the ship (cracked plate or weeping rivets) - Inference to be drawn from fact that vessel had been several times surveyed by Lloyd's Register and retained her class-Evidence of weather encountered -Basis of contribution - Bill of lading providing for general average to be settled according to York-Antwerp Rules - Purchase by defendants of part cargo from shippers -Defendants given delivery order entitling them to delivery "subject to the conditions and exceptions of the bill of lading . . ." - Delivery under order refused by shipowner until defendants signed Lloyd's average bond agreeing "that they will pay to the [shipowner] the proper and respective proportion of any salvage and/or general average and/or particular and/or other charges which may be chargeable upon their respective consignments . . . and . . . to furnish to the [shipowner] a correct account and particulars of the value of the goods delivered to them respectively in order that any such salvage and/or general average and/or particular and/or other charges may be ascertained and adjusted in the usual manner"- Thomson v. Micks, Lambert & Co. K.B. 6 Whether contribution based on common law or on York-Antwerp Rules - Shipowner's contention that apart from the bond the cargo-owners were impliedly liable to contribute under the York-Antwerp Rules by reason of the presentation of the delivery order