H. B. WOOD, LTD. v. HULL & NETHERLANDS STEAMSHIP CO., LTD.

(1933) 46 Ll.L.Rep. 23

HULL COUNTY COURT.

Before His Honour Judge Beazley.

Bill of lading-Damage to cargo (strawboards) -Goods shipped in defendants' steamer at Harlingen for Hull-Part discharged into lighter at Hull - Steamer, with lighter in tow, shifted under her own steam to coal hoist for bunkers - Negligent towage - Lighter holed and cargo in lighter damaged- Liability of defendants-Whether protected by bill of lading clauses-"To the extent that any term of this bill of lading is repugnant to compulsorily binding provisions of Dutch law it shall be void"-Dutch Code, Art. 470: "The carrier is not free to stipulate that he will not or to no more than a limited amount be responsible for damage due to insufficient care for maintenance, equipment or manning of the means of transport or for its fitness for the agreed carriage, or otherwise to wrong handling or insufficient guarding of the goods. Covenants to this effect are void. 470 (a): Covenants for limiting the liability of the carrier do not relieve him in any case of the burden to prove that sufficient care is bestowed on the maintenance, the equipment or the manning of the means of transport and for its fitness for the agreed carriage, if it appears that the damage is due to a defect of the means of transport or its equipment. This may not be deviated from by contract"