Spillers and Bakers Ltd v W. Robertson; The Diamond
| Jurisdiction | England & Wales |
| Judgment Date | 27 June 1906 |
| Date | 27 June 1906 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Bargrave Deane, J. and Trinity Masters
Spillers and Bakers Limited v. W. Robertson; The Diamond
Merchant Shipping Act 1894 (57 & 58 Vict. c. 60), s. 502
Contract of carriage Damage to cargo Liability of shipowner
286 MARITIME LAW CASES. Adm.] Spillers and Bakers Limited v. W. Robertson; The Diamond. [Adm. Wednesday, June 27,1906. (Before Bargbave Deane, J. and Trinity Masters.) Spillbrs and Bakers Limited v. W. Robertson ; The Diamond, (a) Contract of carriage - Damage to cargo - Liability of shipowner - Damage " by reason of fire " - - Merchant Shipping Act 1894 (57 & 58 Viet, c. 60),s. 502 - Seaworthiness - Improper use of ship fittings. Where a cargo was damaged by fire caused by the negligence' of the crew in overheating a stove, and by smoke and water used to extinguish the fire: It was held that the shipowner was relieved from liability by sect. 502, sub-sect. 1, of the Merchant Shipping Act 1894, the court finding that the stove was safe if properly used, and the ship-owner was not in fault or " privy " to the crew's negligence. Held, further, that the damage caused by the smoke and water used to extinguish the fire was damage "by reason of fire" within the meaning of the statute. Action for damages for breach of contract. The plaintiffs wore Spillers and Bakers Limited ; the defendant was William Robertson. The case made by the plaintiffs was that the defendant had agreed with the plaintiffs to pro-vide steamers to load fall or part cargoes of floor and (or) bran at Cardiff and carry them to Belfast. In Dec. 1905 the steamship Diamond was provided by the defendant and loaded by the plaintiffs with Hour and bran in good order and condition, and the plaintiffs received a bill of lading for the flour and bran dated the 29th Dec. 1905, and it became the duty of the defendant to deliver the flour and bran at Belfast in the like good order and condition. The plaintiffs alleged that in breach of the contract a large part of the floor and bran was delivered damaged by fire and smoke and by water employed to extinguish the fire. They also alleged that the fire was caused by the negligence of the crew of the Diamond in overheating a stove in the forecastle so that the iron bulk, head became overheated, and a wooden casing on the afterside of it and the bags of flour stowed near it caught fire. They further alleged that the Diamond was unseaworthy because the stove was placed too near the bulkhead and the...
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