THE "STAR OF THE ISLES."

(1938) 61 Ll L Rep 168

COURT OF SESSION.

Before Lord Keith.

Collision-Breaking away from harbour moorings - Inevitable accident - Collision between pursuers' steam trawler Pelagos and defenders' steam trawler Star of the Isles in Oban Harbour- Pelagos moored starboard side to quay; Star of the Isles moored outside Pelagos -Breaking adrift of Star of the Isles during gale-Damage to Pelagos- Proof of damage-Plea by Star of the Isles of inevitable accident-Onus of proof-Evidence of moorings laid out by Star of the Isles-Whether sufficient -Allegation that Star of the Isles was insufficiently manned, resulting in her inability to use her engine at the critical time-Form of action-Competency of procedure by way of preliminary act-Whether an action of damages arising out of a collision at sea-Rules of Court of the Court of Session, Chapter III, r. 10.