KYLE SHIPPING COMPANY, LTD. v. WM. CORY & SON, LTD.

[1951] 2 Lloyd's Rep. 98

ADMIRALTY DIVISION.

Before Mr. Justice Willmer.

Negligence - Discharge of vessel - Use of mechanical grabs - Damage to tank margin plates - Unusual grab damage - Onus of proof - Charter of plaintiffs' vessel by defendants to carry cargo of coal from Barry to London - Defendants to "discharge the cargo free of expense to the vessel" - Complaint by master during discharge of negligent use of grabs by defendants - Damage to limber boards and cement caps (usual damage during discharge by grabs) - Damage to tank margin plates (causing leal age from tank) - Claim by plaintiffs for damages - Offer by defendants to pay for "usual damage"-Allegation that grabs were dropped and swung at excessive speed- Evidence that speed was electrically controlled-Unlikelihood of grabs causing the damage to margin plates- Contention by defendants that such damage was due to heavy weather -Probabilities.