Question

In the Westway Coffees Corp. v. M. V. Netuno, why was the carrier liable for the error in the quantity of goods in the shipping container?

Answer 1

In the above case the carrier was held liable for error on following basis

A) consignee establishes a prima facie case for recovery from a carrier by proving (1) delivery of the goods to the carrier in good condition and (2) outturn by the carrier in damaged condition.

B)the bill of lading issued by Netumar constitutes prima facie evidence that coffee of the weight indicated on the bill of lading was received by Netumar from the shipper. Bill of Lading is itself a proof that the carrier has recieved the mentioned weight

it was stated that After receiving the goods into his charge the carrier shall, on demand of the shipper, issue to the shipper a bill of lading stating

number of packages or pieces, or the quantity or weight, as the case may be, the apparent order and condition of the goods,

Westway has made out a prima facie case for recovery by establishing a discrepancy in the weight of the coffee at delivery and outturn since Netumar failed to weigh the containers at loading and stating it on the bill of lading, and then weighed them again at unloading for comparison.