An action was raised by the plaintiff (appellant) against the respondents for demurrage under a charter-party entered into by them. The defendants pleaded the clause of exemption in rubric. Delay in loading had been caused by the crowded state of the harbour and a block of other vessels in the loading dock. The charter-party contained a clause exempting the parties ‘from all liability arising from frosts, floods, strikes, locks-out of workmen, disputes between master and men, and any other unavoidable accidents or hindrances of what kind soever beyond their control preventing or delaying the . . shipping of the said cargo.’ The loading was delayed by reason of a block of other ships at the loading dock. Held that this was a hindrance within the terms of the exemption, and that the doctrine ejusdem generis did not apply to the form of words used.
Judges:
Lord Chancellor (Loreburn), Lords Ashbourne, James of Hereford, Robertson, and Collins
Citations:
[1908] UKHL 685, 46 SLR 685
Links:
Jurisdiction:
England and Wales
Transport
Updated: 26 April 2022; Ref: scu.621509
