THE "VECTIS."

(1929) 33 Ll.L.Rep. 31

ADMIRALTY DIVISION.(DIVISIONAL COURT).

Before Lord Merrivale (President) and Mr. Justice Hill.

Negligence-Damage to plaintiffs' sailing barge H in Milton Creek, River Swale -Defendants' sailing barge V moored alongside wharf-H grounded at low tide near V-V's anchor admittedly in improper position - H subsequently swung by high tide into collision with V-Damage due to contact with V's anchor - Finding by learned trial Judge that H was negligent - Judgment entered for V-Appeal- Whether evidence justified a finding of negligence against H - Doubts whether evidence showed (1) that master of H knew of dangerous position of V's anchor; (2) if he did, that his knowledge was gained in time to take precaution; (3) that damage could have been avoided by exercise of reasonable care and skill-Judgment set aside-Retrial ordered.