THE "METAGAMA."

(1927) 27 Ll.L.Rep. 129

COURT OF SESSION.

Before the Lord Justice Clerk, Lord Ormidale, Lord Hunter and Lord Anderson.

Collision between steamships in River Clyde - Plaintiff vessel beached in position No. 1 to prevent sinking-Subsequent slipping off bank and drift across river to position No. 2, parallel with river, where vessel taken charge of by navigation authorities and by salvage experts-Further alteration to athwart river (position No. 3) - Abandonment as total loss - Liability of defendant steamship for collision admitted - Measure of damage-Liability of defendants for damages resulting from vessel's No. 3 position - Whether collision the proximate cause - Novus actus interveniens - Onus of proof - Failure of defendants to prove negligence in respect of non-maintenance of vessel in position No. 3.