The "Helene."
| Jurisdiction | England & Wales |
| Judgment Date | 04 August 1866 |
| Date | 04 August 1866 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 434
HIGH COURT OF ADMIRALTY
S. C. 4 Moore, P. C (N. S) 70; 16 E. R. 242; L R 1 P. C. 231, 35 L. J. P. C. 63, 12 Jur. (N. S) 675, 14 L T 873, 15 W. R. 202. Distinguished, the "Figlia Maggrore," 1868, L. R 2 Ad & Ecc. 106. Referred to, Czech v General Steam Navigatron Co, 1867, L R 3 C P 14; Giblin v Mcmullen, 1868, L R. 2 P. C. 371; The "Nepoter," 1869, L R 2 Ad & Ecc 375; Thrift v. Youle, 1877, 46 L. J Q B. 402, the "Xantho," 1886, 11 P. D. 170
[429] in the privy council. the " helene." August 4, 1866.-Bill of lading-Memorandum excepting Lability for leakage-Negligence-Burden of proof -Where, by the memorandum in the margin of a bill of lading, the shipowner is " not accountable for leakage," the word leakage is not to be limited to " ordinary leakage " only, but the memorandum protects the shipowner as to all leakage except that caused by negligence. In an action upon such a bill of lading to recover damages for loss by leakage of any kind, the burden of proof is on the plaintiff to shew that the leakage was caused by negligence. A charter-party provided that the cargo should be taken alongside by the charterer, and be received and stowed by the master as presented for shipment, the charterer being allowed to appoint a head stevedore at the expense and responsibility of the master for stowage. The cargo was received and stowed accordingly, the whole being shipped by the charterer, who also was on board during the loading, and made no complaint, and saw the mode of stowage Amongst other things oil was shipped in casks, and rags and wool were stowed in the same hold over and near it, without any bulkhead between. Bills of lading for the oil, making no reference to the charter, but containing a memorandum in the margin " not accountable for leakage," were assigned to merchants, the purchasers of the oil, who had no notice of the charter, On the voyage extraordinary leakage from the oil casks took place, by the wool and rags heating the casks and causing them to shrink. The...
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- The "Helene."
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The Marathon
...include " bad stowage." The effect of inserting the exception may be to shift the onus of proof as to how the damage arose: The Helena, Br. & Lush, 429; L. Rep. 1 F. C 231; 14 L. T. Rep. N. S. 873; 2 Mar. Law Cas. O. S. 390; Czeck v. General Steam Navigation Company, L.Rep. 3 C. P. 14; 17 L......