ABDUL CADER v. ASIATIC STEAM NAVIGATION CO.

ABDUL CADER v. ASIATIC STEAM NAVIGATION CO.

C. R., Colombo, 10,847.

Shipping-Bill of lading-Contract contained in-Action for non-delivery of goods-Over carriage and transhipment-Loss of goods from decay- Liability of shipowner.

Perishable goods shipped by a steamer at Bombay to be conveyed to Colombo were over carried to Galle, brought back by another steamer and tendered to plaintiff, when the goods were found to have decayed. The bill of lading contained a clause as follows: " In case the whole or part " of the goods cannot from any cause be found for delivery or be delivered " during the vessel's ordinary stay at the port of destination, the company " is only bound to forward the goods to that port from any subsequent port of any other steamer to be at the risk of the owner of the goods."

In an action brought for the non-delivery of the goods, held, that the shipowner could not claim the benefit of the clause without proof on their part that the goods could not be found for delivery or be delivered.

THIS was an action for the recovery of Rs. 300, being the value of 146 bags of onions lost to the plaintiff by the co

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