Bulk cargo shortage claims fail where the bill of lading disclaims weight and draft survey evidence is unreliable.

Where bulk cargo is carried under a charter party making loading and discharge the charterers' responsibility at their risk and expense, and the bill of lading expressly disclaims knowledge of weight, the quantity stated in it does not operate as prima facie proof against the carrier. A draft survey is also not treated as conclusive evidence of quantity, because such measurements may fluctuate and be inaccurate, especially when taken at anchorage. On the stated facts, the absence of a recorded shortage at joint inspection meant liability for alleged short landing could not be fastened on the carrier without independent reliable proof.

---

---

Issues: Whether the carrier was liable for the alleged short landing of bulk cargo when the bill of lading contained a disclaimer as to weight and the carriage was under free in and out terms, and whether the draft survey could establish the quantity loaded and discharged.

Analysis: The bill of lading stated that weight, measure, quality, condition, contents and value were unknown, and the cargo was carried under a charter party making loading and discharge the responsibility of the charterers at their risk and expense. In such a case, the quantity shown in the bill of lading was not accepted as proof against the carrier for bulk cargo. The draft survey was held to be unreliable as a conclusive measure of quantity because such readings are subject to fluctuation and inaccuracy, particularly when taken at anchorage. The evidence also showed completion of discharge without any recorded shortage at the time of joint inspection.

Conclusion: The carrier was not liable for the alleged shortage, and the claim based on the draft survey and bill of lading failed.

Ratio Decidendi: Where a bulk cargo is carried under a contract allocating loading and discharge to the charterers and the bill of lading contains an express disclaimer of weight, the quantity stated therein does not constitute prima facie evidence against the carrier, and liability for shortage cannot be fastened without independent reliable proof.

---