EDWIN LORD AND ANOTHER v. PACIFIC STEAM NAVIGATION COMPANY. [THE "OROPESA."]
(1942) 74 Ll.L.Rep. 86
COURT OF APPEAL.
Before Lord Wright, Lord Justice Scott and Lord Justice MacKinnon, sitting with Captain H. T. Pritchard, R.N., and Commander E. Clarke, R.D., R.N.R., Nautical Assessors.
Collision - Damages - Novus actus interveniens - Death of sixth engineer of steamship Manchester Regiment following collision with steamship Oropesa - Claim by plaintiffs against Oropesa (1) as dependants under Fatal Accidents Acts, 1846 to 1908; (2) as administrators of estate of deceased engineer, for loss of expectation of life, under Law Reform (Miscellaneous Provisions) Act, 1934 - Collision action between steamships Manchester Regiment and Oropesa - Present plaintiffs joined as plaintiffs in collision action against Oropesa, claiming for loss of effects - Blame apportioned: Manchester Regiment, four-fifths; Oropesa, one-fifth - Right of plaintiffs to bring present action - Res judicata - Estoppel - Whether death of engineer due to collision - Evidence that deceased, with other members of crew, under master's orders, put to sea in one of the ship's lifeboats after collision in order to board Oropesa; that the decision of the master to leave by boat was taken voluntarily; and that the lifeboat capsized owing to an unexpected cross sea, nine of the lifeboat crew being drowned.