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Lloyd's Law Reports

THE "BRABANT."

(1938) 62 Ll L Rep 225

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice MacKinnon and Lord Justice du Parcq, sitting with Captain Hugh T. Pritchard and Captain W. P. Townshend, Nautical Assessors.

Negligent navigation-Anchored vessel-Collision between Russian motor vessel Felix Dzerjinsky and craft in barge roads in Woolwich Reach, River Thames-Allegation by Russian vessel, bound up river, that Dutch motor vessel Brabant, lying at anchor, came ahead and forced her (the Russian vessel) to take sudden port helm action, and that the subsequent collision was a direct consequence-Contention by Brabant that the Russian vessel passed too close at speed and caused the Brabant to drag her anchor and move across the river - Onus of proof - Look-out - Brabant found alone to blame by Sir Boyd Merriman, P.

-Appeal-Evidence of bottom damage to Russian vessel given at trial-When and where sustained-Onus of proof.

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