标题：ordana Gasparini:Decision of the Higher Commercial Court of Croatia 14 June 1983,. No Pž—1693/82-2 on a claim for damages from a warehouseman concerning shortage of cargo.
摘要：The warehouseman took less cargo over from the carrier on behalf of the consignee than the carrier had taken over from the shipper,and heofailed to issue to the carrier the notice thereonr according the provision of paragraph 541 of the Yugoslav Maritime and Inland Navigation Act. The Court estimates that the consignee has the right to claim against the warehouseman only if he can prove that his claim against the carrier failed on acconnt of the warehouseman's failure to notify the carrier of the cargo shortage. The consignee can prove this only by obtaining the final Court judgment in a case brought against the carrier statitng that the consignee did not succeed in proving that the damage occurred during the voyage by shipw• This means that the warehouseman’s failure to send the notice of cargo shortage to the carrier will establish his liability to the cargo consignee for the damage only if the cargo consig-ne was not able to prpve that the damage had occurred during the voyage.
