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Lloyd's Law Reports

IPSWICH DOCK COMMISSION v. SAMUEL WEST, LTD. SAMUEL WEST, LTD. v. IPSWICH DOCK COMMISSION AND OWNERS OF THE STEAMSHIP "OXBIRD" (BY COUNTERCLAIM).

(1937) 58 Ll L Rep 346

ADMIRALTY DIVISION.

Before Mr. Justice Bucknill.

Wreck-Public authority-Sinking of defendant's barge by collision in River Orwell-Statutory powers of plaintiff Dock Commission under Harbours, Docks, and Piers Clauses Act, 1847, Sect. 56-Wreck lighted by plaintiffs -Agreement between plaintiffs and defendants that plaintiffs would raise the wreck and restore her to defendants at their expense-Wreck raised by plaintiffs and shifted to position nearer bank-Light removed-Wreck run into by steamship Oxbird, further damage being sustained-Wreck again raised by plaintiffs-Claim by plaintiffs to total cost incurred in raising wreck-Tender by defendants of cost of first raising accepted by plaintiffs-Right of plaintiffs to balance-Counterclaim by defendants against plaintiffs and against owners of the Oxbird in respect of further damage to wreck; and against owners of the Oxbird to be indemnified in respect of defendants' liability to plaintiffs, if any, in respect of second raising-Whether plaintiffs protected by Sect. 1 of Public Authorities Protection Act, 1893.

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