"NEPTUN" (OWNERS) v. HUMBER CONSERVANCY BOARD.

(1937) 59 L1.L.Rep. 158

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain W. R. Chaplin and Captain W. E. Crumplin, Elder Brethren of Trinity House.

Rivers-Buoyage and beaconage authority - Duties - Stranding of plaintiffs' steamship Neptun in Whitton Channel, River Humber, vessel subsequently becoming total loss-Action brought by plaintiffs against Humber Conservancy Board-Contention by plaintiffs that defendant Board were negligent in that they failed in their duty as a buoyage and beaconage authority to exercise reasonable care in the performance of their functions as such an authority-Evidence that Board from time to time issued plans indicating a minimum depth of 3 ft. at low water ordinary spring tides throughout the Whitton Channel and that Board from time to time issued notices indicating that only 1 ft. was available-Plaintiffs' submission that, without any notice to the contrary, the Board impliedly warranted a minimum depth of 3 ft. - Evidence of manner in which the Board carried out their duties as a buoyage and beaconage authority-Soundings-Positioning of lights and buoys-Scope of Board's duties.