HARROW AND ANOTHER v. JOHNSTON BROS. AND IRVIN & SONS, LTD.

(1944) 78 Ll.L.Rep. 155

COURT OF SESSION.

Before Lord Normand (Lord President), Lord Moncrieff and Lord Carmont.

Repairs to ship-Negligence-Undocking from dry dock-Purchase by plaintiffs of wreck of steam trawler Tarbetness-Salved and taken to Gourdon-Towed to dry dock at Peterhead for repairs-Repairs undertaken partly by first defenders (repairs to hull) and partly by second defenders (engine and woodwork repairs, etc.)- Docking and undocking to be carried out by shipwrights employed by second defenders-Repairs completed in dry dock -Dock flooded preparatory to undocking, second defenders' employees being in attendance for that purpose-Removal of shores by shipwrights-Capsizing of ship before she became fully waterborne- Claim by pursuers for damages-Cause of accident-Respective duties of first and second defenders - Responsibility for undocking-Alleged duty upon pursuers to satisfy themselves upon stability- Contributory negligence - Decision of Sheriff-Substitute that capsizing was solely due to negligence of employees of second defenders in their work of undocking -Appeal by second defenders.