The Marathon
| Jurisdiction | England & Wales |
| Judgment Date | 11 February 1879 |
| Date | 11 February 1879 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Sir R. Phillimore and Trinity Masters
The Marathon
Steels v. State Line Steamship CompanyDID=ASPMELR 3 Asp. Mar. Law Cas. 516 3 App. Cas. 72 37 L. T. Rep. N. S. 333
Damage to cargo Parties Indorsee of bill of lading
Steels v. State Line Steamship Company (3 Asp. Mar. Law Cas. 516; 3 App. Cas. 72; 37 L. T. Rep. N. S. 333) followed.
MARITIME LAW CASES. 75 Adm.] The Marathon. [Adm. PROBATE, DIVORCE, AND ADMIRALTY DIVISION. ADMIRALTY BUSINESS. Reported by J. P. spinal, and F, W. Rakes, Esqs., Banisters-at-Law. Jan. 3I, Feb.1, 3, 5, and 11,1879. The Marathon, (Before Sir R.PHILLIMORE and TRINITY MASTERS.) Damage to cargo - Parties - Indorsee of bill of lading-Seaworthines - Peculiar construction of ship-Stowage - Dunnage - Trinity Masters - Evidence of, as to report - 18 & 19 Vict. c. III, s. 2 - 24, Vict. c. 10,s.6. The ordinary warranty as to seaworthiness in a bill of lading is a warranty that the ship is seaworthy at the time, and reasonably likely to continue seaworthy on the voyage specified. If from special circumstances in her construction she requires special appliances to preserve the cargo from sea damage, the owner is bound to provide those appliances, and will be liable for damage to cargo arising from the want of them. Steele v. State Line Steamship Company (3 Asp. Mar. Law Gas. 516; 3 App. Gas. 72; 37 L. 'JO. Rep.N. 8. 333) followed. Where Trinity Masters arc desired to inspect and report to the court, their report is not necessarily confined to those matters on which evidence has been given, but may include any cir-cumstance in their opinion affecting the merits of the case. An indorsee of a bill of lading has a right to su for damage to the cargo arising from a breach o the contract contained in the bill of lading under the Bills of Lading Act 1856 (18 & 19 Vict. 111),- and in the case of a foreign vessel to tak proceedings in rem under the Admiralty Court Act 1861 (24 Viet. 10) though at the time of the institution of the suit he has sold the cargo. This was an action for damage to cargo. The original plaintiffs in the cause were D. and W Murray, who were indorses of the bills of lading of the cargo. At the trial, on the application of the plaintiffs. Holmes, who had purchased the cargo from the original plaintiffs as a damaged cargo before action brought , was added as a plaintiff. The cargo, consisting of chopped and ground bark, was shipped at Adelaide on board the American ship Marathon by H. Wilkie and Co., the vessel being chartered by her master on behalf of the owners to H. Wilkie and Co. The charter-party guaran-teed " that the vessel was classed A 11/2" and contained the following stipulations, that Being tight, staunch, and strong, with masts and rigging in good order, and every way well fitted and equipped for the voyage, and so to be maintained by the owners or their agents while under this charter, should load a full and complete cargo of ground bark in bags, with sufficient loose chopped bark for broken stow-age amongst ground bark only .... and being so laden and dunnaged in accordance with Lloyd's rules, shall proceed to Falmouth or Cork for orders to proceed to any one safe port in the United Kingdom, and there discharge .... as ordered by the chatterers or their agents .... The cargo to be stowed at ship's expense; dunnage to be provided by the ship, and laid to the satisfaction of the chatterers .... The captain to sign bills of lading for cargo as presented at any rate of freight required by chatterers or their agents .... The ship guarantees to pass survey to the Adelaide Underwriters' Association, and to produce their surveyor's certificate of survey to the chatterers or their agents before giving notice of being ready to load. The captain signed two sets of bills of lading, of which the material parts of the first are as follows: Shipped in good order and condition by'H. Wilkie and Co., on board the good ship Marathon .... bound for a port in the United Kingdom, calling at Cork or Falmouth for orders as per charter.party,2774 bags ground bark, and 384ibaR8ohopped bark (used as broken stowage), being marked and numbered...
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Owners of Steamship Australia v Owners of Steamship Nautilus; The Australia
...Admiralty Judges may from time to time seem to have treated the Elder Brethren as members of the tribunal ( The Andalusia, 2 P.D. 233; The Marathon, 4 Asp. M.C. n.s. 75; The Plover, 1891, P. 258), however informal these consultations may have been ( The Banshee, 6 Asp. M.C. n.s. 130), the ......