Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "DIOMED."

(1946) 80 Ll.L.Rep. 164

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Tucker and Lord Justice Asquith, sitting with Rear-Admiral K. D. W. Macpherson and Captain W. P. Townshend, Nautical Assessors.

Collision - Anchored vessels - Dragging - Foul berth - Collision between motor vessel Kota Baroe and steamship Diomed in Durban Roads - Vessels at anchor, with Diomed astern of Kota Baroe and to leeward of her - Sudden squall - Impact between stem of Diomed and port quarter of Kota Baroe, followed by further impacts between port side of Diomed and stern of Kota Baroe - Whether Diomed anchored too close to Kota Baroe and gave her foul berth or whether Kota Baroe negligently dragged her anchor - Evidence of complaint made by master of Kota Baroe, in accordance with Port Instructions, that Diomed was anchored too close.

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