Owners of S.S. "Knutsford" v. E. Tillmans & Co. [1908] UKHL 691 (03 July 1908)

Owners of S.S. "Knutsford" v. E. Tillmans & Co. [1908] UKHL 691 (03 July 1908)

The exceptions in the bill of lading did not excuse the shipowner's failure to deliver at Vladivostock because the port was not commercially inaccessible, the delay was not inordinate, and the master's conduct was not protected by the exceptions; the ejusdem generis rule limited the scope of 'any other cause' to causes similar to war or disturbance.

Citation
[1908] UKHL 691
Parties
Defendant/appellant: Owners of S. S. 'Knutsford'; Plaintiff/respondent: E. Tillmans & Company
Jurisdiction
United Kingdom
Judgment Date
03 July 1908
Procedural Posture
Appeal (from Court of Appeal in England) / Final Judgment by House of Lords
Outcome
Appeal dismissed; judgment for plaintiffs/respondents affirmed.
Legal Topics
Bills of Lading, Contractual Exceptions, Interpretation of Shipping Contracts, Ejusdem Generis Rule
Shipping Law Contract Law Bills of Lading Contractual Exceptions Interpretation of Shipping Contracts Ejusdem Generis Rule

Case Brief

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Parties

Owners of S. S. 'Knutsford'

Defendant/appellant

E. Tillmans & Company

Plaintiff/respondent

Procedural Posture

Appeal (from Court of Appeal in England) / Final Judgment by House of Lords

Legal Issues

  1. 1 Whether the exceptions in the bill of lading excused non-delivery at Vladivostock
  2. 2 Interpretation of 'inaccessible on account of ice' and 'unsafe in consequence of war, disturbance, or any other cause'
  3. 3 Applicability of 'error in judgment' exception to master's conduct

Ratio Decidendi

The exceptions in the bill of lading did not excuse the shipowner's failure to deliver at Vladivostock because the port was not commercially inaccessible, the delay was not inordinate, and the master's conduct was not protected by the exceptions; the ejusdem generis rule limited the scope of 'any other cause' to causes similar to war or disturbance.

Court Disposition

Appeal dismissed; judgment for plaintiffs/respondents affirmed.

Orders

  • Defendants/appellants to pay costs.