Reports of the Supreme Court of Canada Volume 32

Reports of the Supreme Court of Canada Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...In the head note of this case (1) it is stated that: In every contract for the conveyance of merchandise by sea, there is, in 'the absence of express provision to the contrary, an implied warranty by the shipowner that the vessel is seaworthy. In an action to recover damages for the loss of iron armour-plates, which were lost on board the defendants' ship, it appeared that the defendants, by their servants, stowed the ship, and that during rough weather one of the plates broke loose and went through the side of the ship, which in consequence was lost. At the trial the judge told the jury, as a matter of law, that a shipowner warrants the fitness of his ship when she sails, and not merely that he will honestly and bond jide endeavour to make her fit, and left to them the questions: Was the vessel at the time of the sailing in a state, as regards the stowing and receiving of these plates, reasonably fit to encounter the ordinary perils that might be expected on a voyage at that season? Secondly, ---lf, she was not in a fit state, was the loss that happened caused by that unfitness?--Held, that the direction was right, and correctly stated the liability of a sliipowner, even though he did not hold himself out as a common carrier. Mr. Justice Field, who gave ju.dg'1nent in this case (1), said, at page 378: --Three armour plates of great weight, from 18 to 15 tons weight each, were delivered by the plaintiff to the defendants for shipment, and were by them shipped, on the 15th of September in the defendants' own steamship " Walamo " under a bill of lading containing many exceptions. The defendants themselves by their own servants stowed the ship. The armour plates were by them placed on the top of a quantity of...
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Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236939549
  • 9781236939548