BRITISH OIL & CAKE MILLS, LTD. v. GREENOCK HARBOUR TRUSTEES AND OTHERS. ROYAL NETHERLANDS GOVERNMENT v. GREENOCK HARBOUR TRUSTEES AND OTHERS. [CONJOINED ACTIONS.]

(1945) 79 Ll.L.Rep. 76

COURT OF SESSION.

Before Lord Cooper (Lord Justice-Clerk), Lord Mackay and Lord Stevenson.

Negligence - Damage to 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 be towed 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 guitly of contributory negligence-Conjoined action brought by third defenders against other three parties in respect of damage to ship.