BRITISH OIL & CAKE MILLS, LTD. v. GREENOCK HARBOUR TRUSTEES AND OTHERS.

(1944) 78 Ll.L.Rep. 453

COURT OF SESSION.

Before Lord Keith.

Negligence - Loss of pursuers' crane - Toppling of crane into harbour - Third defenders' steamship berthed in dock belonging to first defenders-Pursuers' crane and driver lent on hire to second defenders (ship-repairers) for purpose of loading material on board - Ship under orders of first defenders to move to another berth-Crane engaged in lowering valve cases into engine-room through skylight, when "all clear" signal given to pilot by first defenders' deputy harbour-master-Tugs signalled by pilot to commence towing-Fall of crane caught in skylight-Crane pulled over into harbour in spite of craneman's efforts to free fall-Responsibility for accident-Evidence as to position of jib when "all clear" signal given by deputy harbour-master - Second defenders' servants aware that ship was about to be moved-Liability of pursuers for acts of craneman - Whether craneman guilty of contributory negligence.