Common Camer-Liability for loss of goods-Native custom-Whether liable as
an insurer-Extent of duty of care and skill

Contract-Carriage of goods-Owner's risk clause-Clause in bill of lading
not signed or seen by the plaintiff-Whether sufficient notice is given by
including exemption clause in advertisements

In this country a common carrier, by land or water, is not ~ble for
loss or damage to goods unless it is occasioned by some negligence on the
part of himself or his agent or servant. A common carrier is, however,
bound to use all reasonable care and skill in carrying out his contracts
and, amongst. other duties, in providing a safe boat and in supervising

                the operation of loading.                                        .

Egyptian Native Commercial Code, s. 91.

Appeal

Advocate: Mr. Drawer ... for appellant.

Mr. Drower: In this country a carrier is not an insurer. To
hold that he is would be contrary to the custom of the native boat
carriers.

Moreover the bill of lading says:· "All goods conveyed at risk
of owners, contents and value unknown." I admit that the bills of
lading had not been made out, but the plaintiff must have known the
Singer Line conditions. These conditions had been sufficiently ad-
vertised and were well known in Dueim and were in accordance with
the custom of all carriers, native and others.

• Court: E. Bonham Carter, Acting J.C.

August 12~ 1907. E. Bonham. Carter, Actin~ I.C.: The
plaintiff Salama Abdel Shahid made a verbal agreement. with the
agent of the defendant, the Singer Line, at Dueim to convey 212
cantars of gum to Omdurman at PT. 5 a cantar and advanced PT. 50
as earnest money. The plaintiff, with the permission of the de-
fendant's agent, put the gum on the boat, which was at the time
empty and free from water. Before he finished loading, another
consignment of gum was also being put on the boat. Before the
loading was completed the side of the boat gave way and some of
the plaintiff's gum was damaged.

The bills of lading used by the defendant contain the following
conditions: "All goods conveyed at risk of owners, contents and
value unknown." The defendant has also issued advertisement, stat-
ing that the above was the conditionon which he conveyed goods.

But the plaintiff neither signed nor received any bill of lading.

He had been a short time only at Dueim and had never shipped a'

. previous consignment of gum and I accepted his statement that he
was unaware of.' the conditions upon' which the defendant carried on
his business. Under these circumstances the plaintiff is not bound
by it . special condition which it is the custom of the defendant to
introduce. in his bill of lading. And the defendant's liability depends,
not on the terms usually contained in his bills of lading, but" on
what must be known to be the general law relating to carriers in this
class of business ..

According to the Egyptian Law (see Native Code of Commerce,
section 97) and also according to English common law, a carrier is
liable for all losses or accidents to the goods, unless the loss or
damage arises from vis major, from defects inherent in the goods
or from negligence of the consignor. This strict rule is not however
in accordance with the practice which has hitherto been followed m~
the Sudan, and to adopt it would be/to place a burden on the native
boat owners which they are unable to support. I find therefore thilt
in this country a common carrier on land or water is not liable/for
loss or damage unless it is occasioned by some negligence. on the

1 Section 97 of the Egyptian Native Commercial Code reads as follows: ;'

''The carrier is held to warranty against the loss· and damage ~f the
the goods carried, unless the loss or damage proceed from defeqts inherent
in the thing, from vis maior, or from the fatilt or negligenCe of the
signor.