"Owners Risk" Clause Upheld
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TN the King's Bench Division last 1 Friday, Clement Shaw and Co.. Ltd., an exporter of commercial vehicle chassis, Sloane Street, London, S.W.I, unsuccessfully claimed damages from Joseph C. Mount and Co., a concern of warehousemen and wharfingers, of Stevenage Wharf, Lonthm, S.W.6. against which breach tif contract and negligence. was alleged.
The sum claimed was £350, representing the cost of replacing three damaged oil engines, less the allowance received for' the damagedengines and the sum admitted to be due to defendant for storage of the vehicles.
The case for Clement Shaw and Co., Ltd., was that a verbal agreement was made with the defendant for the storage of a number of motor vehicles awaiting shipment. A condition was that the vehicles should be covered with tarpaulins and the water drained from the engines. The vehicles were stored in the open during December, 1946, and January, 1947 It was subsequently found that the cylinder blocks in three A32 of the engines were cracked as a result of frost.
For the defence it was submitted that the Mount Company was asked to drain the radiators and did so. Itwas' not aware that there was a second tap oil each engine' for draining the cylinder block: It was also contended. that a term of the contract was that the storage was at " owner's risk," and there were special conditions exempting defendant from liability for negligence.
Giving jiidginent for the defendant. with costs, Lord Goddard, Lord Chief Justice, said the defendant's case was supported by the correspondence. In confirming the verbal agreement, the defendant . wrote that storagewas at owner's risk and subject to special conditions as to liability for damage.
Lord Goddard Was satisfied that the defendant was asked to drain the radiators and did so., If Clement Shaw's did not like the terms in the confirmation of the agreement, the company could have removed the vehicles.