EDWIN LORD AND ANOTHER v. PACIFIC STEAM NAVIGATION COMPANY. [THE "OROPESA."]

(1942) 73 Ll L Rep 148

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain P. N. Layton and Captain C. St. G. Glasson, Elder Brethren of Trinity House.

Collision-Damages-Death of sixth engineer of steamship Manchester Regiment- Claim by plaintiffs (1) as dependants under Fatal Accidents Acts, 1846 to 1908; (2) as administrators of estate of deceased engineer, for loss of expectation of life under Law Reform (Miscellaneous Provisions) Act, 1934 - Collision action between steamships Manchester Regiment and Oropesa-Present plaintiffs joined as plaintiffs in collision action against Oropesa, claiming for loss of effects- Blame apportioned: Manchester Regiment, four-fifths; Oropesa, one-fifth- Right of plaintiffs to bring present action-Res judicata-Whether death of engineer due to collision-Novus actus interveniens-Evidence that deceased, with other members of crew, under master's orders, put to sea in one of the ship's lifeboats after collision in order to board Oropesa; that the decision of the master to leave by boat was taken voluntarily; and that the lifeboat capsized owing to an unexpected cross sea, nine of the lifeboat crew being drowned-Burden of proof-Whether upon plaintiffs or defendants.