ATHEL LINE, LTD. v. MERSEY DOCKS AND HARBOUR BOARD. (THE "ATHELQUEEN.")

[1951] 1 Lloyd's Rep. 369

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher, sitting with Captain T. L. Owen and Captain W. R. Chaplin, Elder Brethren of Trinity House.

Docks, Harbours, etc. - Obstruction in dock - Damage to ship - Duty of dock board - Standard of care - Exceptional circumstances - Claim brought by shipowners against dock board in respect of bottom damage to ship sustained during period of war - Allegation that damage resulted from striking submerged object in dock and occurred during ship's passage through - Onus of proof - Nature of damage - Probabilities - Evidence of periodical and systematic sweeping operations carried out by dock board and of particular sweeping operations carried out after air raid "incidents" were reported - Further sweeping operation carried out immediately damage to plaintiffs' ship was reported - No obstruction found.