THE "CARGILL."

[1951] 2 Lloyd's Rep. 527

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Commodore R. L. F. Hubbard, Elder Brother of Trinity House.

Negligent navigation-Dock-Sinking of moored barge left unattended-Inadequacy of moorings - Barge struck by stationary propeller of ship moving in dock - Look-out - Barge in breach of local Act-"Defaulting vessel"-Effect upon right of recovery - Plaintiffs' barge Medina moored on outside of other barges lying alongside vessel at quay on north side of Royal Albert Dock, London-Medina made fast by head ropes alone-Defendants' motor vessel Cargill, with tug ahead and astern, moving stern first from berth on south side to more easterly berth- Passage restricted by large vessels with attendant lighters on each side of dock -Impact between propeller of Cargill and port side of Medina-Medina sunk -Claim by owners of Medina-Contention by defendants that Medina, by reason of the inadequacy of her mooring ropes, swung out across path of Cargill; further, that Medina was not "properly secured" and therefore a "defaulting vessel" under local Act, and accordingly liable for her own damage and damage to her cargo-Port of London (Consolidation) Act, 1920, Sects. 149, 150, 155.