THE "ROBERTA."

(1938) 60 Ll.L.Rep. 84

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice MacKinnon and Mr. Justice Bennett.

Charter-party-Unseaworthiness-Damage to cargo carried in Dutch motor vessel -Incursion of water into hold owing to negligence of engineer in leaving open cock controlling bilge suction- Vessel under time charter-Claim by cargo-owners against shipowner and against charterers-Liability of shipowner as bailee-Evidence of incompetence of engineer-"Owners only to be responsible for . . . damage to goods on board, if such . . . loss has been caused by want of due diligence on the part of the owners or their manager, in making steamer seaworthy and fitted for the voyage or any other personal act or omission or default of owners or their manager. Owners not to be responsible in any other case nor for damage or delay whatsoever and howsoever caused even if caused by the neglect or default by owners' servants" -Whether shipowner had discharged onus of showing that damage was not caused by want of due diligence on his part-Onus of proof. Evidence-Application to adduce further evidence-Request to recall owner (who was also master) to show that he exercised due diligence in making inquiries about the competence of the engineer.