Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "PRINCESS VICTORIA." IN RE THE MERCHANT SHIPPING ACTS, 1894-1923.

[1953] 2 Lloyd's Rep. 619

NORTHERN IRELAND.ULSTER HIGH COURT.

Before Lord MacDermott (Lord Chief Justice), sitting with Professor L. C. Burrill, Captain P. S. Robinson and Mr. John Wallace, Nautical Assessors.

Merchant Shipping Acts, 1894-1923-Unseaworthiness -"Wrongful act or default" of owners and managers of ship-Sinking of ship in rough but not exceptional seas- Cause of disaster-Ship designed as car ferry -Suitability for service not established- Continuing duty of owners to provide seaworthy ship-Evidence of incidents on previous voyages which should have put owners and managers on inquiry-Inadequacy of stern doors and freeing ports-Appeal against finding of Court of Inquiry that loss was caused or contributed to by default of owners and managers-Breach of common law and/or statutory duty-Merchant Shipping Act, 1894, Sects. 425, 466 (11). 470 (1)- Merchant Shipping Act, 1906, Sect. 66-Load Line Rules, 1941, Regulation 35.

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