BULK OIL STEAMSHIP COMPANY v. RIVER WEAR COMMISSIONERS. (THE "PASS OF BALLATER.")

(1935) 52 Ll L Rep 91

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain W. R. Chaplin and Captain A. H. Ryley, Elder Brethren of Trinity House.

Negligence-Docks-Damage to ship- Obstruction in dock-Claim by plaintiff shipowners against defendant dock-owners for damage sustained to their vessel Pass of Ballater while entering North Dock basin, Sunderland- Damage sustained forward while entering basin-Warning given by defendants' hailing-master of insufficient depth of water for vessel to enter dock-Whether warning given before or after vessel entered basin-Vessel made fast to jetty to await rise in water- Further damage sustained aft when made fast-Whether damage received from obstructions in basin-Whether obstructions constituted a nuisance in a public navigable highway-Wear Navigation and Sunderland Dock (Consolidation and Amendment) Act, 1922, Sects. 5, 90-Duty of defendants to keep basin free from obstructions- Whether vessel an invitee or licensee in tying up at jetty.