FEDERAL COMMERCE & NAVIGATION CO. LTD. AND OTHERS v. EISENERZ G.m.b.H. (THE "OAK HILL")

[1975] 1 Lloyd's Rep. 105

CANADASUPREME COURT

Before Mr. Justice Abbott,Mr. Justice Ritchie,Mr. Justice Hall,Mr. Justice Pigeon andMr. Justice Laskin

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, rr. 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.