Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "BENEDICT."

(1944) 78 Ll.L.Rep. 40

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher, sitting with Captain A. H. Ryley, and Captain C. St. George Glasson, Elder Brethren of Trinity House.

Collision-Moorings-Duty to use seamanlike care and skill-Breaking adrift-Onus of proof-Damage to plaintiffs' motor vessel Bosphorus at anchor in Algiers Harbour -Defendants' steamer Benedict discharging at quay with moorings out fore and aft -Wind of gale force, causing vessel to range-Parting of forward moorings- Steps taken by master to get pilot for purpose of obtaining towage assistance- Arrival of pilot too late to procure tug- No further moorings put out by master- Eventual breaking adrift by Benedict, resulting in her driving down on and damaging the Bosphorus-No negligence in Bosphorus.

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