FRESH WHARF, LTD., AND OTHERS v. NICHOLSON'S WHARVES, LTD.

(1935) 52 Ll L Rep 279

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Rivers-Wharves (River Thames)-Right of access-Mutual rights of adjoining wharf-owners-Mooring of second plaintiffs' vessels at first plaintiffs' wharf adjoining defendants' wharf- Claim by plaintiffs for declarations that they were entitled to access for vessels coming to or leaving their wharf without obstruction by a vessel lying at defendants' wharf and overhanging the frontage of plaintiffs' wharf; that defendants were bound to move any obstructing vessel when necessary; and for an injunction restraining defendants from obstructing the access of vessels to plaintiffs' wharf- Contention by defendants that plaintiffs' right of access was confined to vessels of a reasonable size for navigating the River Thames and berthing at plaintiffs' wharf, and that the plaintiffs were not entitled to berth the vessels in question as they were not of reasonable size and prevented free access to defendants' wharf-Alleged danger to defendants' wharf and to vessels tied up there-Nuisance-Public right to navigate vessels of reasonable size-Meaning of "reasonable"-Decision of learned Judge that plaintiffs entitled to declarations claimed in respect of certain of their vessels- Damages-Notice given to defendants by plaintiffs that they wished to berth the vessel G S and asking that defendants should make necessary arrangements at their wharf to permit passage to plaintiffs' wharf-Refusal by defendants to accede to plaintiffs' request without indemnity against possible damage- Refusal by plaintiffs to give indemnity, plaintiffs taking the G S away and berthing her down river-Plaintiffs' berthing costs, &c., claimed as damages -Whether plaintiffs should have mitigated damages by acceding to defendants' request for indemnity.