Sir Walter Phillimore :-

These are consolidated appeals in two actions brought in the High Court of Judicature of Calcutta. The appellants are the plaintiffs.

They brought their action in respect of two parcels of Jute laden on board the flat ''Jattrapore" for carriage from Bera to Ruthtolla Ghat at Calcutta on the terms of certain bills of lading, and they sued in respect of a loss of the jute by fire. The general outline of the facts in the case is as follows :-

The flat proceeded to her destination at Ruthtolla Ghat; but when she reached her discharging berth the consignees were not ready to take delivery.

There was a dispute upon this subject in the Courts below, the plaintiffs complaining that they had been prevented from taking delivery. But this issue was found against them, and the decision on this point has not been questioned before this Board.

The flat with other cargo on board was then taken further down the Hooghly, and ultimately moored head and stem to two buoys, near a wharf called Nintollah Ghat. She was moored with head up river outside another flat called the "Coleroon" which was fastened to the same buoys. There were other flats further in shore. She had been in thi