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Lloyd's Law Reports

THE "AGILITY."

(1932) 43 Ll L Rep 493

ADMIRALTY DIVISION.

Before Mr. Justice Bateson.

Negligent navigation-Collision between steamship and swing bridge at Selby, River Ouse-Claim by shipowners for damage to vessel-Counterclaim by defendant bridge-owners (1) against pilot and master of vessel for damage to bridge; (2) against shipowers for loss of tolls, &c.-Whether bridge was properly swung-Very narrow opening requiring careful navigation on part of steamship-Selby Bridge Act, 1791- Shipowners shall not "be answerable or responsible or liable to make satisfaction or to be sued for any damage or injury which shall be done to the said bridge . . ." - Held (as to the claim) that the bridge was properly swung; and that the collision was due to the excessive speed of the steamship; (as to the counterclaim) that the pilot and master were negligent in their navigation and that the bridge-owners were therefore entitled to judgment against the pilot and master in respect of damage to the bridge; that the Act exempted the shipowners only from liability in respect of actual damage to the bridge and that therefore the bridge-owners were entitled to recover from the shipowners any other consequential losses-Judgment for bridge-owners on claim and counterclaim.

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