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

(1928) 32 Ll L Rep 129

HOUSE OF LORDS.

Before the Lord Chancellor (Lord Hailsham), Viscount Dunedin, Lord Shaw, Lord Buckmaster and Lord Carson.

Negligence-Repairs to ship-Damage to ship and cargo by fire-Use of oxyacetylene plant by repairers-Onus of proof-Evidence of flying sparks accepted, of smoking by ship's servants not accepted by learned trial Judge- Allegation of contributory negligence overruled-Position of appeal Court where question is one of fact depending upon the oral testimony of witnesses- Judgment for ship and cargo-owners.