ELLIOTT STEAM TUG CO., LTD. v. NEW MEDWAY STEAM PACKET CO., LTD.

(1937) 59 L1.L.Rep. 35

KING'S BENCH DIVISION.

Before Mr. Justice Goddard, sitting with Captain P. N. Layton, an Elder Brother of Trinity House.

Towage-Contract-Breach-Agreement by plaintiff tug company to tow defendants' concrete lighter from berth at West Mersea to Chatham Buoys-Arrival of plaintiffs' tug off West Mersea-Impracticable to reach lighter-Insufficient water except at high tide-Difficult approach-No steps taken by defendants to bring lighter to position where she could be taken in tow by plaintiffs' tug-Attempt to tow abandoned by tugmaster - Second agreement entered into between plaintiffs and defendants-Smaller tug supplied-Inability to shift lighter from berth owing to presence of sandbank at stern-Claim by plaintiffs for damages and for demurrage.