MacNamara v Owners of the Steamship "Hatteras"

• Jurisdiction: Ireland
• Judgment Date: 01 January 1933
• Date: 01 January 1933
• Court: Supreme Court (Irish Free State)

S. C., I.F.S.]

MacNamara

and

Owners of the Steamship "Hatteras"

Subject to the provisions of the Harter Act - American contract -Construction - Clause of exemption from liability for loss or damage - Loss arising from "negligence, fault or failure" in proper loading or stowage - Loss arising from "faults or errors in the management of the vessel" - Faulty stowage -Foreign law - How construed - Expert evidence.

Defendants, who were shipowners, by two bills of lading (which were similar) agreed to carry certain hogsheads of leaf tobacco from the port of Norfolk, U.S.A., to the port of Dublin, and there to deliver same to the plaintiffs in good order and condition. The bills of lading stated that the shipments were subject to all the terms and provisions of, and all the exemptions from liability contained in the Harter Act, an Act of Congress of the United States of America. That Act, by s. 1, provides that it shall not be lawful for the owner of any vessel transporting merchandise or property from or between ports of the United States and foreign ports to insert in any bill of lading any clause whereby he shall be relieved from liability for loss or damage "arising from negligence, fault, or failure in proper loading, stowage, custody, care, or proper delivery" of merchandise committed to his charge, and any words or clauses of such import inserted in bills of lading shall be null and void and of no effect. Each of the bills of lading provided that neither the vessel, her owner, nor agent should be liable for loss or damage resulting from (inter alia) inherent vice, nature, defect, or change of character in the goods, and that "except when caused by negligence on the part of the vessel," neither the vessel, her owner, nor agent should be liable for loss or damage resulting from (inter alia) taint from any other goods, or vermin. It was admitted: (1) That the hogsheads of tobacco had been delivered to the defendants in good order and condition, and were so shipped, but that on arrival at the port of Dublin they were found to be damaged by vermin, which had penetrated into the hogsheads during the voyage; (2) that certain bales of rabbit skins had also been shipped and had been stowed in the same part of the vessel as the hogsheads of tobacco, and were on arrival at Dublin found to contain vermin of the same species; and (3) that the vermin were not due to, or caused by, anything inherent in the hogsheads of tobacco, but came from the rabbit skins. The...