R. SILCOCK & SONS, LTD. v. MARITIME LIGHTERAGE CO. (J. R. FRANCIS & CO.), LTD.

(1937) 57 Ll.L.Rep. 78

COURT OF APPEAL.

Before Lord Justice Slesser, Lord Justice Greene and Mr. Justice Luxmoore.

Unseaworthiness-Barge-Employment of defendants' barge for carriage of plaintiffs' cargo of bran from steamship in Victoria Dock to Silvertown- Barge loaded alongside on Aug. 7 and 8 and taken by tug to plaintiffs' berth at Silvertown, arriving there at about 2 a.m. on Aug. 9-Discovery at 5 30 a.m. that barge had taken in considerable quantity of water and that cargo was seriously damaged - Barge engaged under terms of Thames Lighterage Clause-Contention by plaintiffs that vessel was unseaworthy at commencement of loading - Contention by defendants that barge must have sustained damage at plaintiffs' berth- Onus of proof-Evidence of probable rate of leakage.