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Lloyd's Law Reports

SHIPSEY v. BRITISH & SOUTH AMERICAN STEAM NAVIGATION COMPANY. (THE "HERMIONE.")

(1936) 54 Ll.L.Rep. 188

IRISH FREE STATE.SUPREME COURT.

Before Chief Justice Kennedy, Mr. Justice FitzGibbon and Mr. Justice Murnaghan.

Irish Free State-Practice-Service of writ out of jurisdiction-Vessel belonging to defendants (English company) struck by enemy mine and brought into Waterford Harbour- Sinking of vessel in harbour-Wreck abandoned by owners-Dispersal by Waterford Harbour Commissioners- Claim by Commissioners against defendants for cost of lighting, buoying and dispersal of wreck-Provision of Pier and Harbour Orders Confirmation (No. 2) Act, 1904 (confirming Waterford Harbour Order, 1904), that "the Commissioners may recover from such owner the expense if the Commissioners think fit of lighting and buoying such wreck or obstruction and of removing dispersing or destroying such wreck or obstruction by means of explosives or by such other means or method as the Commissioners may consider expedient"-Whether claim under Act (local and personal) arose out of contract made or entered into, or out of a tort committed, within the jurisdiction of the Irish Free State-Order of Hanna, J., giving Commissioners leave to serve writ out of jurisdiction -Appeal by defendants against order on ground that no cause of action was disclosed in respect of which the Court had jurisdiction to make such an order -Classification of causes of action- Suggestion that every cause of action must be founded either on contract or tort-Discussion of the obligations imposed by "local and personal" Act- Whether creating contract between promoters and the public or any individual - No duty of removing wreck imposed upon defendants at common law or by legislature-R.S.C. (Irish Free State), Order 6, r. 2, Order 11, r. 1 (f).

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