THE "COLINTON"

(1929) 35 Ll L Rep 136

COURT OF SESSION.

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

Negligence - Foul berth - Damage to steamship - Claim against harbour authority - Discharge from sewer, forming mound in berth-Buckling of floors-Evidence of old damage-Prima facie proof by shipowners that new damage occurred in berth-Failure of harbour authority to substantiate alternative theory of cause of damage -Whether damage due to negligence of harbour authority - Obligations of harbour authority towards shipowners using berth - Evidence of heavy rainfall just before berthing and that building operations had been conducted on a large scale, both factors contributing towards heavy discharge by sewer-Immunity from accident for 27 years-Held that bearing in mind the special circumstances attending the berth, the harbour authority was prima facie negligent in taking no steps, by soundings or otherwise, before admitting the steamship to the berth; and that the harbour authority had not discharged the onus of proving that it was in excusable ignorance of the condition of the berth - Judgment for shipowners.