New Line Steamship Co., Ltd v. Bryson & Co. [1910] ScotLR 346 (02 March 1910)

New Line Steamship Co., Ltd v. Bryson & Co. [1910] ScotLR 346 (02 March 1910)

In the absence of proof that the cargo was measured at the port of loading, freight is payable on the quantity delivered as measured at the port of discharge. The bill of lading specification is not conclusive evidence of intake measurement. The defenders are only liable for freight on the Grangemouth measurement.

Citation
[1910] ScotLR 346
Parties
Pursuer/respondent: New Line Steamship Company, Limited; Defender/appellant: Bryson & Company
Jurisdiction
Scotland
Judgment Date
02 March 1910
Procedural Posture
Civil Appeal / Appeal From Sheriff Court at Glasgow to Court of Session Inner House Second Division
Outcome
appeal allowed; interlocutor of Sheriff-Substitute recalled
Legal Topics
Charter Party Interpretation, Freight Calculation, Evidence of Measurement, Bill of Lading, Delivery of Cargo
Shipping Law Contract Law Charter Party Interpretation Freight Calculation Evidence of Measurement Bill of Lading Delivery of Cargo

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Parties

New Line Steamship Company, Limited

Pursuer/respondent

Bryson & Company

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Court at Glasgow to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether freight is payable on the intake measurement at port of loading or on the quantity delivered at port of discharge when intake measurement is not proved.
  2. 2 Whether the bill of lading specification is conclusive evidence of intake measurement.
  3. 3 Whether the defenders are liable for freight based on the Grangemouth measurement.

Ratio Decidendi

In the absence of proof that the cargo was measured at the port of loading, freight is payable on the quantity delivered as measured at the port of discharge. The bill of lading specification is not conclusive evidence of intake measurement. The defenders are only liable for freight on the Grangemouth measurement.

Court Disposition

appeal allowed; interlocutor of Sheriff-Substitute recalled

Orders

  • Freight to be calculated on the Grangemouth measurement of 534.36 Gothenburg standards at 19s. per standard.
  • Decree for £12, 0s. 4d. with interest as libelled against defenders.