WILFRED PENDER AND OTHERS v. BULK OIL STEAMSHIP COMPANY, LTD. [THE "PASS OF LENY."]

(1938) 60 Ll.L.Rep. 1

COURT OF APPEAL.

Before Lord Justice Greer, Lord Justice Slesser and Lord Justice Scott.

Negligence - Fire in Poole Harbour- Escape of petrol-Consolidated action for damages for personal injuries and for fire damage to yachts and speedboats -Allegation that petrol was permitted to escape from defendants' oil tanker Pass of Leny during discharge at wharf-Onus of proof-Whether fire due to petrol or to a species of heavy oil-Evidence as to flow of tide in vicinity of Pass of Leny and of method of discharge practised on board- Alleged muddled manipulation of valves connected with pumping apparatus -Other possible sources of escape of petrol.