Goods were loaded onto a barge from a ship for delivery at the barge owners wharf in the Thames under a contract, which exempted the barge owner from liability ‘for any damage to goods how’s the weather caused which can be covered by insurance.’ While the barge was lying alongside the wharf with the goods on board before being unloaded, the barge owners lighterman, who was in charge of the barge, negligently left her unattended at night, and the barge, after taking the ground at low tide, became submerged as the tide rose, and the goods were damaged. in an action against the barge-owner to recover damages for the losses so caused, there was no direct evidence as to the cause of the barge being submerged, and the evidence left it in doubt whether the submerging was or was not attributable to the negligent act of the defendant’s servant in leaving the barge unattended
Held: The above term of exemption in the contract relieved the defendant from liability for damage caused by the negligence of his servant and he was entitled to judgment.
[1915] 1 KB 73, 83 LJKB 1787, 111 LT 1088, 30 TLR 703, 12 Asp MLC 561, 20 Com Cas 44
England and Wales
Citing:
Adopted – Morison, Pollexfen and Blair v Walton 10-May-1909
. .
Cited – Dollar v Greenfield HL 19-May-1905
The plaintiff, a job master, for several years let carriages and Horses to the defendant by the year and let to the defendant a pair of horses, which were quiet in harness and satisfactory to the defendant’s coachman and stop the horses were kept in . .
Cited by:
Cited – Volcafe Ltd and Others v Compania Sud Americana De Vapores Sa SC 5-Dec-2018
The claimant appellants, arranged shipment of bagged Colombian green coffee beans, stowed in 20 unventilated 20-foot containers from Panama to Rotterdam, Hamburg or Bremerhaven for on carriage to Bremen. The bill of lading for each consignment . .
Lists of cited by and citing cases may be incomplete.
Contract, Agency
Updated: 30 November 2021; Ref: scu.670131