EISENERZ G.m.b.H v. FEDERAL COMMERCE & NAVIGATION COMPANY LTD. AND HALIFAX OVERSEAS FREIGHTERS LTD.

[1970] 2 Lloyd's Rep. 332

CANADAEXCHEQUER COURT(QUEBEC ADMIRALTY DISTRICT)

Before Mr. Justice Noel

Canada - Carriage by sea - Damage to cargo - Mixing of pig-iron following grounding of vessel - Voyage charter-party and bills of lading - Carrier's obligation to keep cargo separate and provide a seaworthy ship - Whether overloading of vessel or negligence of pilot caused grounding - Effect of exception clause in charter-party - Liability of carrier and cargo-owner for acts of surveyor during general average operations - Whether loss due to general average operations part of general average loss - York-Antwerp Rules, 1950, rules XII and D. Canada - General average - Mixing of pig-iron - Whether surveyor appointed under general average act becomes agent of carrier and/or cargo-owners - Whether carrier absolved from responsibility for cargo during general average operations.