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

(1942) 74 Ll L Rep 86

COURT OF APPEAL.

Before Lord Wright, Lord Justice Scott and Lord Justice MacKinnon, sitting with Captain H. T. Pritchard, R.N., and Commander E. Clarke, R.D., R.N.R., Nautical Assessors.

Collision - Damages - Novus actus interveniens - Death of sixth engineer of steamship Manchester Regiment following collision with steamship Oropesa - Claim by plaintiffs against Oropesa (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 - Estoppel - Whether death of engineer due to collision - 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.