R. B. Ballantyne & Co. v. Paton & Hendry

Subject_1 Ship Subject_2 Charter-Party Subject_3 Construction Subject_4 “Cargo to be Discharged Free of Expense to Steamer, with Use of Steamer's Winch if Required” — Liability for Damage to Steamer in Course of Discharge.

Reparation — Ship — Damage to Ship in Course of Discharge — Liability of Char terers — Employment and Payment by Charterers of Stevedores — Relevancy. Facts: A charter-party provided—“12. Cargo to be … discharged free of expense to steamer, with use of steamer's winch and winchmen if required.”

Held that the shipowner's common law liability for the discharge was not transferred to the charterers by the clause quoted, so as to render the latter responsible for damage caused to the vessel during the discharge.

The owners of a vessel raised an action against the charterers in respect of damage caused to the vessel in the course of discharging under the charter-party, and averred that the stevedores and owners of the crane engaged in the discharge, by whose negligence the damage was caused, were employed and paid by the charterers.

Held that these averments were not relevant to infer liability on the part of the charterers, and action dismissed .