S. & R. STEAMSHIPS, LTD. v. LONDON COUNTY COUNCIL.

(1938) 61 Ll.L.Rep. 9

KING'S BENCH DIVISION.

Before Mr. Justice Singleton.

Negligence-Nuisance-Bridge owned by London County Council (defendants) at entrance to Deptford Creek-Bridge having two bascule arms-Bascules raised to permit passing of steamer- Steamer closely followed by barge- "All clear" given by look-out man immediately upon passing of steamer- Bascules lowered on to barge-Failure of eastern bascule to attain horizontal position-Forced down by tramcar- Subsequent inability to raise bascules- Fracture found to bedplate-Detention of plaintiffs' steamship in Deptford Creek - Claim for damages - Non-feasance or misfeasance - Cause of fracture to bedplate-Whether due to latent defect and/or to sudden braking by operator of bridge.