THE "PHILIP T. DODGE."

(1935) 52 Ll L Rep 305

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Lord Atkin, Lord Tomlin, Lord Russell of Killowen, Lord Alness and Sir Sidney Rowlatt, with Captain H. C. Birnie and Captain W. E. Crumplin as Nautical Assessors.

Negligent navigation-Pleading-Collision between steamship Philip T. Dodge and bascule of defendants' bridge in course of construction at Gaspe Quebec- Vessel navigating through bridge- Action brought by owners of bridge against steamer-Steamer's plea of inevitable accident-Finding of lower Courts that collision was due to negligence of master of Philip T. Dodge in navigating at excessive speed and, while at speed, in taking helm action to avoid a wharf ahead-Negligent helm action not pleaded or cross-examined to-Appeal by Philip T. Dodge.