Nissho-Iwai Co., Ltd. v. Star Bulk Shipping Co. And Buchanan Shipping Co., Nissho-Iwai Co., Ltd. v. American Mail Line Ltd.

Four substantially similar and consolidated maritime claims for cargo damage were brought by Nissho-Iwai Co., Ltd. (Nissho) as consignee against appellants Star Bulk Shipping Co., A/S, owner of, and Buchanan Shipping Co., charterer of, the M.S. Star Clipper and appellant American Mail Line Ltd., owner of the S.S. Indian Oregon Mail. The appeal was taken from a judgment in favor of Nissho for damages to cargo and for costs of a unilateral survey. We affirm the former but reverse the award for the survey fee.

Appellants contracted to carry cargo to Japan. The cargo was carried to the Japanese ports of discharge and delivered to Nissho. There, the cargo was discharged from the vessels into lighters or barges hired by Nissho. At the time of discharge to Nissho’s lighters, two sets of cargo checkers were aboard each ship: A.N.C.C. acting fpr Nissho and J. C.T.C. acting for the carriers. The A. N.C.C. and J.C.T.C. checkers tallied the cargo being discharged and checked its condition. Both sets of checkers prepared cargo boat notes listing the amount of cargo discharged to Nissho’s lighters and the condition of the cargo. The pairs of boat notes contain the same tally.…