Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "LUCULLITE."

(1929) 33 Ll.L.Rep. 186

COURT OF SESSION.

Before the Lord Justice-Clerk (Lord Alness), Lord Ormidale, Lord Hunter and Lord Anderson.

Limitation of liability-Damage caused to two vessels - Petitioners' vessel L moored at entrance to Rothesay Harbour alongside vessel R M-Bumping of vessels due to stress of weather- Damage to R M-Vessel D sunk by L in shifting position-"Damages which may arise upon any one distinct occasion" -Whether second act was inevitable consequence of first act-Failure of petitioners to discharge onus of proof-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1900, Sect. 3.

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