THE "METAGAMA."

(1927) 29 Ll L Rep 76

HOUSE OF LORDS.

Before Viscount Haldane, Viscount Dunedin, Lord Shaw, Lord Phillimore and Lord Blanesburgh.

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-Appeal.