Freight was to be paid for a cargo of pit-props per intaken piled fathom. The charterers having previously measured the props sent to be taken on board refused to join in a measurement at lading. The ship took a tally. In a question as to the amount of freight due, the ship’s mate, who had been one of the two men engaged on the tally, was the only witness adduced to prove it. He admitted that during the taking of the tally he had had occasionally to be away for a short time to see after the proper stowing of the cargo. Held that the tally had not been established, his evidence being defective, and in the circumstances no inference from the capacity of the ship or the weight of cargo to rectify the defect being possible.
Judges:
Lord Parker, Lord Sumner, and Lord Wrenbury
Citations:
[1916] UKHL 574, 53 SLR 574
Links:
Jurisdiction:
Scotland
Transport
Updated: 11 July 2022; Ref: scu.630684