IPSWICH DOCK COMMISSION v. SAMUEL WEST, LTD.

(1938) 60 Ll.L.Rep. 273

ADMIRALTY DIVISION.

Before Mr. Justice Bucknill.

Costs-Wreck-Public authority-Sinking of defendants' barge by collision in River Orwell - Statutory powers of plaintiff Dock Commission under Harbours, Docks, and Piers Clauses Act, 1847, Sect. 56-Wreck lighted by plaintiffs -Agreement between plaintiffs and defendants that plaintiffs would raise the wreck and restore her to defendants at their expense - Wreck raised by plaintiffs and shifted to position nearer bank-Light removed-Wreck run into by steamship Oxbird, further damage being sustained-Wreck again raised by plaintiffs-Claim by plaintiffs to total cost incurred in raising wreck-Tender by defendants of £250 as cost of first raising-Judgment for defendants on counterclaim in respect of second raising-Reference to assess damages-Amount found due as cost of first raising: £300-Costs of claim and counterclaim.