HUGH MACK & CO., LTD. v. BURNS & LAIRD LINES, LTD.

(1943) 77 Ll L Rep 377

NORTHERN IRELAND.COURT OF APPEAL.

Before Lord Chief Justice Andrews, Lord Justice Babington and Mr. Justice Brown.

Carriage of Goods by Sea Act, 1924-Coastwise shipping-Loss of goods in transit-Goods received by shipowners for dispatch-Consignment notes and forms of receipts filled up by shippers and handed to shipowners -Stamped by shipowners with rubber stamp containing following words: "Received and carried subject to conditions specified in [shipowners'] sailing bills. Non-negotiable" - "Conditions specified" indorsed on consignment notes and forms of receipt-Receipts handed back to shippers, consignment notes being retained by shipowners - Goods undelivered-Claim by shippers against shipowners-Decree in favour of shippers -Case stated-Reliance by shipowners on conditions of carriage (admittedly exempting them from liability for loss)- "Carrier"-"Contract of carriage"- "Special conditions" - Validity - Whether contrary to public policy-"Bill of lading, or similar document of title" -Obligation of carrier, on demand of shipper, to issue bill of lading in certain form - Sects. 1, 3, 4, Schedule, Arts. I, III (3), V, VI, VII. Carriage of Goods by Sea Act, 1924-Schedule, Art. III (3)-Object of rule.