THE "METAGAMA."

(1927) 29 Ll L Rep 253

HOUSE OF LORDS.

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

Collision 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 dismissed.