Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

"PASS OF BALHAMA" (OWNERS) v. PEARS.

(1934) 49 Ll L Rep 392

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain H. C. Birnie and Captain A. S. Mackay, Elder Brethren of Trinity House.

Negligence-Damage to plaintiffs' vessel from floating wreckage - Washing away of part of defendant's jetty in heavy weather-Contention by defendant that wreckage from jetty could not have been responsible for the alleged damage - Damage not discovered until vessel in dry dock-Strong probability of damage being sustained on the voyage in question-Suggestion by defendant that vessel struck the wreck of a sailing barge in the vicinity -Onus of proof.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.