"LINDENHALL" (OWNERS) v. PORT OF LONDON AUTHORITY.

(1944) 78 Ll.L.Rep. 215

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice du Parcq.

Negligence - Port authority - Damage to plaintiffs' steamship Lindenhall in dock belonging to defendant port authority- Damage due to explosion of parachute mine which had been dropped by enemy aeroplane during air raid a few hours previously-Evidence of defendants' police officers- on duty-Unidentified object seen to fall into dock-Belief that it was parachute flare-Positive statement made to police constable on duty by ship's officer on board another vessel that he had observed mine (with parachute attached) fall into dock-Duty of constable to pass on such information immediately-Information received in time to warn vessels against entering dock-Liability of defendants -Onus of proof of lack of care- Lindenhall in tow of defendants' tugs under towage contract-Clause in contract providing that shipowners "agree and undertake to indemnify and hold harmless the port authority against all claims for or in respect of loss of life, or injury to person or loss or damage of any kind whatsoever and howsoever or wheresoever arising in the course of and in connection with the towage or transport and whether such loss injury or damage be caused or contributed to by any negligence default or error of judgment on the part of any officers or servants whatsoever of the port authority"-Whether defendants entitled to indemnity under contract.