Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

GIBSON & CO. AND OTHERS v. GRANGEMOUTH DOCKYARD COMPANY, LTD. (THE "GRANGEMOUTH.")

(1927) 27 Ll.L.Rep. 338

COURT OF SESSION.

Before Lord Fleming.

Negligence - Repairs to ship - Damage to ship and cargo by fire-Use of oxy-acetylene plant by repairers - Finding that fire was caused by sparks of live metal-Onus probandi-Absence of suitable precautions-,Alleged contributory negligence not proved - Duty of repairers, using dangerous machine, first to ascertain whether cargo in vicinity of operations-Judgment for ship and cargo-owners.

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