WEST, LTD. v. WRIGHTS (COLCHESTER), LTD. (CORPORATION OF COLCHESTER, THIRD PARTIES). (THE "OLIVE MAY.")

(1935) 51 Ll L Rep 105

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Bad berth-Damage to plaintiffs' motor barge Olive May-Charter by plaintiffs to M Ltd.-Barge to load coal at Keadby and to proceed to "Colchester as ordered or so near thereunto as she may safely get, and there deliver the same alongside any wharf, vessel or craft, as ordered, where she can safely deliver"-Coal consigned to defendants under bill of lading incorporating charter-party terms-Barge taken alongside P Wharf and subsequently to another wharf to unload-Contention by plaintiffs that damage to barge was sustained at P Wharf, which was alleged to be under defendants' control; further, that the barge being invited by defendants to unload at an unsafe berth, there was a breach of contract by the defendants in that the barge could not safely deliver in accordance with the terms of the charter-party - Corporation of Colchester joined as third parties.