THE "KATE."

(1935) 51 Ll L Rep 185

ADMIRALTY DIVISION.

Before Sir Boyd Merriman (President), sitting with Captain H. C. Birnie and Captain W. R. Chaplin, Elder Brethren of Trinity House.

Negligence - Bad berth - Damage to plaintiffs' motor vessel Kate at Rolle Quay, Barnstaple - Responsibility of first and second defendants -Lease by first defendants (harbour authority) to second defendants of frontage between second defendants' offices and edge of quay-Second defendants granted right "to berth and moor vessels for the purpose of loading and discharging" at the demised premises "and to use the mooring posts and Rolle Quay for the like purpose on a frontage on the River Yeo corresponding with the frontage of the lessees' flour mills"- Vessel carrying cargo for second defendants - Damage sustained by vessel during discharge at second defendants' crane situated on quay beyond office frontage-Whether second defendants in occupation of that part of quay-Knowledge of defendants of condition of berth-Whether also known to master of vessel.