PETROFINA, S.A., OF BRUSSELS v. COMPAGNIA ITALIANA TRASPORTO OLII MINERALI, OF GENOA.

(1937) 57 Ll.L.Rep. 247

COURT OF APPEAL.

Before Lord Wright (Master of the Rolls), Lord Justice Romer and Lord Justice Greene.

Charter-party - Unseaworthiness - Damage to oil cargo-Discoloration -Benzine shipped water white; part discharged superfine white-Liability of shipowners-"(1) That the steamer being tight staunch and strong and every way fitted for the voyage, and to be maintained in such condition during the voyage, perils of the sea excepted. . . . (16) The captain is bound to keep the tanks, pipes and pumps of the steamer always clean, but at the expense of the charterers if they load in the tanks oils of different nature to those previously shipped. The steamer is not to be responsible for any consequences arising through charterers shipping different kinds of oil. The steamer is not to be accountable for leakage. (27) Steamer to clean for the cargo in question to the satisfaction of charterers' inspector"-No negligence on part of shipowners in making vessel fit to carry cargo-All reasonable steps taken by master to make the tanks clean and fit for the cargo-Inspection by charterers' representatives under Clause 27-Acceptance of vessel as fit to load - Owners' allegation that damage was caused by sea perils negatived by arbitrator-Award that shipowners were protected by charter-party terms from liability for discoloration - Case stated - Effect of Clause 27-Whether lessening shipowners' responsibility.