Under a bill of lading goods were to be delivered at Hull, and thence transhipped ‘at ship’s expense and shipper’s risk to the port of N.’ There was a further provision that the shipowner should have the right to convey the goods ‘in craft and (or) lighters to and from the steamer at the risk of the owner of the goods.’ At Hull the goods were put into a lighter to be taken to a ship sailing for N., and were left unattended. The lighter was unseaworthy and sank. The goods were damaged.
Held that the clause in the bill of lading did not exempt the shipowner from liability for negligence.
Judgment of the Court of Appeal (110 L.T.R. 614) affirmed.
Judges:
Lord Chancellor (Viscount Haldane), Lords Shaw and Moulton
Citations:
[1915] UKHL 858, 52 SLR 858
Links:
Jurisdiction:
England and Wales
Transport
Updated: 26 April 2022; Ref: scu.620689