THE "DEVONIA."

(1937) 58 Ll L Rep 384

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain H. C. Birnie and Captain Clifford St. George Glasson, Elder Brethren of Trinity House.

Bad berth-Damage to plaintiffs' vessel- Plaintiffs' allegation that damage was sustained in taking ground at berth belonging to defendants (Corporation of Bideford)-Dispute as to whether berth fell away at aft end of vessel; as to whether surface of berth was soft or slurry at aft end of the vessel; and as to whether, assuming berth was of such a character, it could have caused the damage claimed-Evidence of surveys -Inference to be drawn from nature of damage. Practice-Damage at berth-Particulars of damage-Claim by plaintiff shipowners against defendant berth-owners (public authority) -Allegation that berth fell away at aft end of vessel-Particulars supplied by plaintiffs at defendants' request, as to what extent berth fell away; where, in relation to vessel, it commenced to fall away; and as to length of vessel alleged to have been unsupported - Plaintiffs' further plea during trial that vessel was unsupported aft by reason of softer consistency of mud at that end- Whether adding new cause of action -Right of defendants to plead Public Authorities Protection Act.