THE "NUBIA."

(1947) 81 Ll L Rep 69

ADMIRALTY DIVISION.

Before Lord Merriman (President), sitting with Commodore A. S. Mackay and Captain G. C. H. Noakes, Elder Brethren of Trinity House.

Bad berth-Damage to barge-Duty of berth-owners -Onus of proof-Claim by plaintiffs (owners of barge Nubia and of her cargo) against defendants (berth-owners) -Barge first made fast for four days to mooring chains off defendants' berth and then put on defendants' berth, where she took the ground on every tide-Discharge commenced three days later, when barge was found to be leaking-Dispute as to cause of leakage-Evidence of survey of berth made soon after leakage was discovered - Inference to be drawn from nature of damage to barge - Suggested possibility that damage was incurred at mooring chains-Probabilities.