1930-05-17 — Page 4

LLOYD TRIESTINO

FORTNIGHTLY PASSENGER AND FREIGHT SERVICE FOR

BRINDISI, VENICE & TRIESTE

Taking Cargo on through Bill of Lading to Flame, Genoa, Ail Italian Adriatic, Levant, Black Sea and Danube Ports. Taking l'assengers to London Overland via Brindisi, Venica or Triente NEXT SAILINGS FROM HONG KONG

*M.V. "HILDA"

For Shanghal

For Singapore

& Japan

& Europe

May 17

May 23 May 28. June 24

June 1

July 9

**M.V. "HIMALAYA"

M.V. "VIMINALE**

+*M.V. "FUSIYAMA”

*Cargo steamers only.

Refrigerated Space available for perishable goods.

Alt dates are subject to alteration without notice.

For Freight and Passages apply to

Queen's Buliding,

Tel. 38021.

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Thursday, 29th May. Thursday, 12th June.

SEATTLE, VICTORIA via Shanghal & Japan Ports.

SIBERIA MARU

Friday, Saturday,

20th June. 5th July,

LONDON, MARSEILLES, ANTWERP, ROTTERDAM via

Singapore, Penang, Colombo, Suez.

·HUWA MARU

PUSHIME MARU

Saturday, 31st May at 9 a.m.

SYDNEY & MELBOURNE via Manila & Ports.

KAGA MARU

TANGO MARU

Tuesday,

Tuesday,

BOMBAY via Singapore, Penang, & Colombo.

THE CHINA MAIL.

SHIPPING

MARINE INSURANCE" CLAIM FROM CHINA.

SWEATING OF CARGOES FROM

TSINGTAO TO EUROPE.

KING'S BENCH DIVISION CASE.

SECTION.

The Surveyor's Certificate. The plaintiffe naturally relied on the certificates given as to the condition of the nuts on loading, but, however experienced the sur- veyor who gave the certificates might be his conclusion could only ·be.. rough, And His Lordship Aw no reason at all to accopt the accuracy of his con- clusions or the fact that his samples necessarily indicated the In the King's Bench Division re-true character of the bulk. His cently Mr. Justice Wright conclud- Lordship accepted the view of one ed the hearing of, and gave judg- of the expert witnesses that any thing over eight per cent. of ment in, the action by Messrs. C. T. Howring & Co., merchants, of Liver-moisture was risky. Too much im- pool, and Mexars, Osugi & Co., of portance must not be attached to

the samples or certificates, Taingtao, China, against the Ams- terdam & London Insurance Co., of Amsterdam. The plaintiffs claim- ed under a number of policies of marine insurance In respect of damage by heating and sweating to cargoga of ground-nuts shipped from China to Europe in 1926 and 1927. The goods were carried in eight steamers, and it was alleged by the plaintiffs that the damage was used through the vessels getting into bad weather and the

The voyages of the ships in thiả case involved fluctuations of tem- perature and the confinement of the goods in the ships' holda. But the evidence was that in previous years nuts had been carried with out damage.

They were dealing in this case with large modern steamers all owned by first-rate shipping com- panies, including the British Blue Funnel Line, the Japanese Nippon

He need hot consider, therefore, the question of onus of proof, under the particular clause of the; policies. Nevertheless, he had considered It, and in his opinion, the onus of proof was on the plain- tiffs. They had to prove that the whole of the per!l-namely, heat- Ing-had resulted from external cause. If the words "xternal cause" had not been inserted in the policies, he thought the onus would have been on the defen dants. If they made a case of hent- Ing, to show that the heating was due to inherent vice.

tively shown on the evidence. to Ha view was that it was affirma-

his satisfaction, that the cause of the damage was inherent vice. It followed that the claim for heat- ing damage was not maintainable under the policies. In his judg- ment there was nothing out of the way in any of the adventures and risks,

the except

excessive moisture contents of the parcels. They left only the question of aweat damage, which had been found in a comparatively small number of bags in six of the eight ships.

The sweating damage which was found was really the result of heating. It was heating due to external causes which were fortuitous. The external cause was excess of moisture which con- densed on the ships' sides or beams, but where that moisture came from it was impossible to say. The moisture was precipitat- ed on the baga and it was impos-

World's Largest Motor Ship Ready,

SATURDAY, MAY 17, 1930.

CANADIAN PACIFIC

QUICKEST TIME ACROSS THE PACIFIC

- 14 DAYS FROM CHINA AND 9 DAYS FROM JAPAN

TO CANADA AND USA. Hoarkong Shanghai Labe

Leave SULTA Lesya

Yokohama Yanojuvor LORTO AKTIVO

Empress of Russia* June 4 June 7 June 10 June 12 June 21 Empress of Asia' June 25 June 28 July 1 July 3 July 12 Empress of Canada July 10 July 13 July 15 July 17 July 25 Empress of Russia July 23 July 26 July 29 July 31 Aug. 9 Empress of Japan Aug. 7 Aug. 10 Aug. 12 Aug. 14 Aug. 22 Empress of Anla*. Aug. 20 Aug. 23 Aug. 26 Aug. 28 Sept. 6 Empress of Canada Sept. 1 Sept. 7 Sept. 9 Sept. 11 Sept. 19 Empress of Russia Sept. 17 Sept. 20 Sept. 23 Sept. 25 Oct. 4 Empress of Japan Oct. 2 Oct. Oct. 7 Oct. 9 Oct. 17' Empress of Asia" Oct. 15 Oct. 18 Oct. 21 Oct. 23 Nov. 1 Empress of Canada Oct. 30 Nov. 2 Nov. 4 Nov. 6 Nov, 14 Empress of Russia* Nov, 12 Nov. 15 Nov. 18 Nov. 20 Nov. 20

*(Call at Nagasaki the day after departure from Shanghai.) HONG KONG — MANILA

6

Leave

Arrive

Hong Kong

Manila

Emp. of Russia Emp. of Asia

May 27

May 20

June 17

June 19

Telephones:

Passanger Doportpient 20752. Freight Department

20042.

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Saturday, 14th June.

20th May.

24th June.

↑ CALCUTTA MARU

Tuesday,

27th May,

SOUTH AMERICA (West Coast) via

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Mexico & Panama.

ANYO MARU

Sunday,

1st June.

WAKASA MĀRU

NEW YORK. BOSTON via Panama.

ASUKA MARU

SOUTH AMERICA (East Coast) via Singapore, Cape Town & Portk,

LIVERPOOL via Port Snid, Stamboul (Constantinople), Genoa,

↑ DAKAR MARU (Calls Saigon).. Sunday,

Monday.

2nd June.

Monday,

26th May,

5th June.

CALCUTTA vin Singapore, Penang & Rangoon,

MORIOKA MARU

Friday,

30th May.

SHANGHAI, KOBE & YOKOHAMA.

+AKITA MARU

Sunday,

18th May.

+ TOTTONI MARU

Monday,

19th May.

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Friday,

23rd May,

HAKUSAN MARU

Monday,

26th May.

+ Cargo only.

Telephone 30291.

BRITISH WUCHOW LINE

SAILING DATES FOR MAY. 1930 (Subject to change). DEPARTURE HOURS: Hong Kong 5.30 p.m., Wuchow 1.30 p.m.

S.S. "TAI HING" [1,068 tons-Capt. Trott.]

SAT. 17th THURS, 22nd

MAY.

TUES.. 27th

S.S. "TAI MING"

[649 tons Capt. G. J. Spink.]

MAY.

MON. 19th FRI. '30th

SUN. 25th

Regular Service of Fást, High Class River Steamers Having Good Ae- commodation for First Class Passengers. Electric Light and Fans in State- rooms and Saloon. The s.s. “Tai Hing” Is itted with Wireless.

These vessels leave Hong Kong for Wuchow (via Samshul, Shlubing, Takhing & Dosing) and return to Hong Kong (via same Porta) every Ave days.

Fares for round trip (not including meals) $20. Meals & Wines are to be obtained on board.

י

Hong Kong Arrivals and Departures from Hoi On Wharf.

For information apply to

Co.,

KWONG WING CÓ

Ltd.,

For further Information apply to:-NIPPON YUSEN KAISHA.

(Private exchange to all departments.)

0. S. K.

SAILINGS FROM HONG KONG SUBJECT TO ALTERATION,

Above. is pictured the 6.8. Britan nlc. largest cabin motor vessel in the world, as it will leave Liver- pool. on June 28, to make its maiden voyage to Boston. It has a tonnage of 27,000 and can accom- modate 1,500 passengers. (Inset) Captain E. L. Trant, who will command the new vessel.

holds not being properly or suffi cleatly ventilated, which, they said, was a perfl they were insured against by the defendants,

LONDON, HABIBLICO, ROTTERDAM & ANTWERP-Y1 Singapore and relied on

Colombo. Suoz and Port Sald.

AMUR MARUS

ANDES MARU

|

Yusen Kaisha Co., and the German Norddeutscher Lloyd and Ham- burg-Amerika lines.

There was no reason to think The defendants denied liability that every care was not taken with a clause in the regard to ventilation and attention policies which provided that they to the hatches during the voyages, should pay only for heating and and there was no reason to think 1 sweating damage due to external, these ships were not equipped with

all modern conveniences garda vantilation.

KIO DE JANEIRO, SANTOS & BUENOS AIRES-Vis Saigon, Bingapore. | Cause.

Sunday, 18th May. Wednesday, 11th June.

Tuesday, 20th May.

Friday, 13th June.

Colombo, Durban & Cape Town,

SANTOS MARU

RIO DE JANEIRO MARU

BOMBAY--Via Bingapore & Colombo.

SHINNOH MARU

CELEBES MARU

Monday, 10th May. Tuesday, 3rd June.

DURBAN, LOURENCO MARQUES, BRIRA, DAR-ES-SALAAM,

BAR & MOMBASA-Via Singapore & Colombo.

Sunday, 1st June.

CALCUTTA-Via' Singapore, Penang & Rangoon,

CHICAGO MANU,

HIMALAYA MARU

GANGES MABU

Shanghel

Sunday, 18th May, Sunday, 1st June.

His Lordship said the damage was due to external causes and was recoverable under the policies. The sweat damage would have to be assessed, and there would be ZANZI. judgment for the plaintiffs for the amount so ascertained. Plaintiffs failed in the rest of the case, and judgment must be for the defen-, dants.

VICTORIA, SEATTLE. TACOMA & VANCOUVER Via Japan Ports from G. St. C. Pilcher appeared for the

ARABIA MARU (from Kebe)

Wednesday, 28th May,

MELBOURNE—Vin Manila, Brisbane & Sydony.

SYDNEY MARU.........

BAIPHONG-Vi» Hollow & Pakhoi.

MENADO MARU

Friday, 6th Jane.

Thursday, 12th June,

Sunday, 1st June.

NEW YORK-Yin' Japan porte & Panama,

HAGUE MARU

JAPAN PORTS.

ALTAI MARU

TACOMA MARU

#BELUNG-Tia Swałow & Azioy. TAKAO-Vin BWATOW & AMOT.

DELI MARU

TAKAO & KEELUNG.

BATAVIA MARU......

Saturday, 17th May. Wednesday, 21st May.

Mr. G. P. Langton, K.C., and Mr.

plaintiffs, and Mr. A. T. Miller, K.C., and Mr. W. L. McNair for the defence.

Twelve Policies

As ro-

Internal Heating. The nature of the damage might be summed-up in this way: In a limited number of cases there was sweat damage a small quantity of sweat damage in six of the eight ships. But the important damage throughout was damage due to heating at the interior of the baga...

All the surveyor witnesses' who had been called said that in every consignment every bag was dam- aged in that way. The damage, was in the centre of the bag, where there was serious heating, and It" outside, where very often it was diminished as it approached the

negligible.

WAS

sible to trace the origin of this moisture to the goods in question, Such damage was damage by ex- ternal cause. It

heating damage due to an external cause, and, as such, was recoverable under the policies.

The figures with regard to the sweat damage would have to be ascertained, and for such amount as was ascertained there would be judgment for the plaintiffs. As to the rest of the case, they failed, and there must be judgment for the defendants..

87, Connaught Road West,

Phone 20893.

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....Sails from Calcutta on or about ·

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BANK LINE LTD.

In these circumstances the case ELLERMAN

for the defendants was that the

In the course of his judgment, His Lordship said that before he referred to the policles of Insur ance, which were 12 in number, or the construction of them, he pro- damage was due solely and simply," posed shortly to summarize the facts so far as known. He said part from the sweating, to in- hérent vice-namely, to the fact "so far as known" because in this that the ground-nuts when shipped trade it was inevitable that from were so moist that they were un M. TAKEUCHI. Manger the time the goods were loaded able to endure without damage the

Thursday, 22nd May, noon. Tuesday, 10th June.

For further puriculars please apply to-OSAKA BHOSEN KAISHA.

Tel. 28601.

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until they were discharged they ordinary incidents of an ordinary were lost to the human eye or ken. voyage of this type. There was a They were placed in the lower large body of surveyors and scien holds, and what happened with re-tific witnesses who took the view gard to temperature and condi- that that was the explanation of tions in those holds could only be the damage. matters of inference.

Against that the theory of the So far as he had been able to plaintiffs was that the parcels were consider the evidence of the log- all shipped in good condition and books and that of Captain drye

Richards, called as a marine ex-The plaintiffs aaid that the par- pert, he had been unable to dis- cela were perfectly fitted for the cover in the voyages any special voyages, and explained the damage characteristics or incidents which that occurred as due to the fact would prevent him from saying that the nuts were carried in the they were not normal voyages such same holds with other parcels of as would be anticipated in an ad- wet goods. venture of this bort,

di

The 1820 season was extraordin-

arlly wat and the result was that not only were the nuts of that season much, wetter thau bual but It was more difficult to dry them before shipment. The position was further complicated by the fact that there was a state of civil war in China..

Judge's Conclusions. On the whols, his Lordship had

come to the conclusion that ha ought to accept the proposition rather than that of the

If his finding of face was corr the heating did not result from exterial cause but character of the goods themselves

AGENTS FOR

& BUCKNALL S.S.

BAILINGS BUBJECT TO ALTERATION WITHOUT NOTICE.

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ELLERMAN LINE

9th June, 9th July.

B.S. "CITY OF SHANGHAI" London, Rotterdam, Hamburg & Nordenham.

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