THOMSON AND OTHERS v. DUGGIE. THE "NARINIA."

(1949) 83 Ll.L.Rep. 44

COURT OF SESSION.

Before Lord Birnam.

Practice-Tort committed by deceased husband -Liability of widow as such- Collision between trawlers Resplendent and Narinia-Resplendent sunk - Proceedings instituted by pursuers, owners of Resplendent, against master of Narinia-Death of master before service of writ could be effected-Writ issued (more than two years after collision) against widow of master- Pursuers unaware of master's personal representative-Pleas by defender (1) that action was out of time; (2) that action was incompetent and irrelevant -Extension of time to sue-Discretion of Court-Maritime Conventions Act, 1911, Sect. 8.