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Colonial Cases

The Owners of the Steamship Amboina v. Maung Shwe I, 1903

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The Owners of the Steamship Amboina v. Maung Shwe I

Judicial Committee of the Privy Council
13 Junw 1903
Source: The Times, 15 June, 1903

LAW REPORT, JUNE 13.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
(Present - Lord Macnaghten, Lord Robertson, Sir Andrew Scoble and Sir Arthur Wilson.
THE OWNERS OF THE STEAMSHIP AMBOINA v. MAUNG SHWE I.
  This was an appeal from a decree of the Chief Court of Lower Burma of February 4, 1901, affirming a decision of the District Judge of Mergui, which had ordered the appellants to pay to the respondent 6,046 rupees, with costs, in respect of goods shipped and lost in the steamship Amboina.
  Mr. A. Phillips appeared for the appellants; Mr. Laing, K.C., and Mr. Herbert Cowell for the respondent.
  The suit was brought by the respondent to recover the value of certain goods shipped on board the Amboina on June 13, 1899, in the Mergui River for delivery to the agent at Penang. The goods included edible birds' nests, shells, tortoiseshells, and sea slugs (beche de mer). The vessel was lost on the same day near Bentinck Island, in the Mergui Archipelago. The contention of the respondent was that the wreck occurred through alleged negligence. The appellants denied that the steamer was lost through negligence and pleaded that the steamer was lost through an accident by striking a rock and springing a leak. The District Judge found that the vessel had been wrecked owing to negligent navigation, and that the appellants were liable for the goods lost, and the Chief Court, on appeal, came to the same conclusion.
  At the close of the arguments for the appellants on Thursday,
   Their Lordships did not call upon counsel for the other side, but dismissed the appeal, with costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School