Capper & Sons V. The Cargo Boat Despatch Co.

Feb.24,1911   Present: Van Langenberg A.J.

CAPPER & SONS v. THE CARGO BOAT DESPATCH CO.

478-C. R. Colombo, 20,144.

Common carrier-Cargo consigned to plaintiffs landed by defendant-No contract between defendant and plaintiffs-Defendant liable to plaintiffs for damage done to cargo-Shipping.

Cargo consigned to the plaintiffs per ss. " Pagenturu " was landed by the defendant Company, who were common carriers.

Held, that the defendant Company was liable to the plaintiffs for damage caused to the cargo, though there was no contract between plaintiffs and the defendant Company.

THE facts are set out in the following judgment of the Com- missioner of Requests (M. S. Pinto, Esq.): -

Five bales of paper consigned to the plaintiffs were landed by the defendant from ss. " Pagenturu " of the Hansa line of steamers. One of the packages reached the warehouse in a damaged condition. The boards were off. The paper was quite unfit for printing purposes, for which it was indented. It was bent, put up, and split; some of the reams were loose and mixed up.

The plaintiffs claim as damages the value of the paper. The defendant denies his

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