VON TRAUBENBERG v. DAVIES, TURNER & CO., LTD.

[1951] 2 Lloyd's Rep. 462

COURT OF APPEAL.

Before Lord Justice Somervell, Lord Justice Jenkins and Lord Justice Hodson.

Forwarding agents - Insurance during transit-Valuable goods-Agreement by defendant forwarding agents to send on plaintiff's suitcase upon arrival in United Kingdom - Case containing valuable silver heirlooms-Customs documents handled by defendants detailing contents of case-Account rendered by defendants to plaintiff itemizing charges-No mention of insurance-Case dispatched by defendants from London to Liverpool by passenger train at "Company's risk" rates-No special declaration of value made under Carriers Act-Loss of case and contents-Claim by plaintiff- Contention that defendants were aware that the contents of the case were valuable and that they were consequently under an obligation to insure the goods or warn plaintiff; alternatively, that defendants as forwarding agents were under a duty to inquire whether the goods were insured in transit-Reference in defendants' account to conditions under which work was undertaken-Effect.