COMPANIA MEXICANA DE PETROLEO EL AGUILA S.A. v. ESSEX TRANSPORT & TRADING CO., LTD.

(1928) 32 Ll L Rep 182

KING'S BENCH DIVISION.

Before Mr. Justice Bateson.

Negligence - Loss of ship by fire (while loading petroleum) - Claim against shipowners by ship's agents for (1) disbursements; (2) salvage expenses; and (3) amounts paid in respect of personal injury and death claims- Counterclaim by shipowners for loss of ship-Fire due to spark following upon displacement of beam (negligently left insecure by crew) by gear negligently worked by stevedores-No proof that either party could have avoided the other's negligence-Position of stevedores -Whether independent contractors and therefore servants of the shipowner or whether servants of the agents -Finding that agents "intended to control" the stevedore and "regulate the manner in which he did his work" -Claim for disbursements and salvage expenses allowed; for personal injury and death claims disallowed-Counterclaim dismissed.