AN IMPORTANT SHIPPING

Samoa Times and South Sea Gazette, Volume 3, Issue 145, 17 July 1880, Page 2

AN IMPORTANT SHIPPING

. The ease 3f 'Wagstaft' &i Others v. Audarson and Othersihaapst been decided' by the Court <of Appeal. plaintiffs are the well-known contractors Messrs. Brassey & Co., and they sued the defendants for the vuw'f&r&'mfg/o of stone and cement in the following ciicumstances:—The defendants chartered the ship F. K. Dumas for a voyage from. London to Calloo under a chafUr-jiarty which provided, inter alia, that the' whoI» ship should be at the disposal of the charterers for the convoyanoe of goods, except the space neceesary for the orew and stores; that 'the master and owners should give the same attention to the cargo and in every respect be and remain responsible to all whom it might concern as if the ship were loaded in her berth by and for the owners independently of the charter; that the master shohl.d sign bills of ladiug at any rate of freight the charterer* might require without prejudice, to the charter-party; and that the charterers' responsibility, except for freight, should cease on the vessel being loaded. Shortly after entering into such oharter-party the defendants, in an agreement in which they described themselves as '.'. acting. for the owners of the F. E. Dumas, agreed with the plaintiffs to ■ receive on board a certain cargo of cement and stone, at a curtain' freight, from London to Callao, which was to be paid, one-half on signing bills of lading and the remainder on final discharge at Callao. The defendants had previously written to the plaintiffs' broker* offering to give them " room " in the ship F. K. Dumas for such cement and' stone, at the same rate as that mentioned in the agreement. The cargo of cement and stone was accordingly shipped, and the master signed bills of lading for its delivery at Callao. The ship during the voyage met with bad weather, and, being obliged to put into Monte Yideo, was there properly condemned, and the master, without communicating with the plaintiffs, sold their cargo of cement and stone. In an action for the value of such cargo the jury found that the master was not justified in selling it, and Mr. Justice Deuman, after consideration, gave judgment for the defendants. The plaintiffs appealed. Their lordships affirmed the judgment of Mr. Justice Deman, holding that the defendants had not contracted with the plaintiffs for the carriage of the goods ; that they had not agreed to occupy, nor hud,.they taken upon themselves the position of shipowners, but had acted merely as brokers for the owners of the ship. They were, therefore, not responsible for the master's acts after the ship had sailed ; and, inasmuch as he was not their agent, they were uot liable in damages to the plaintiffs. 'Die appeal wa-i therefore dismissed.