H. A. DEERING (LIGHTERAGE), LTD. v. J. & W. NICHOLSON & CO., LTD. [THE "HUMORIST."]

(1943) 77 Ll L Rep 189

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher.

Negligence - Bad berth - Obstruction - Damage to barge-Duty of inspection of berth-Conditions contained in "Notice to barge-owners and others" - Berth-owners absolved from liability to users- Notice-board on wall of warehouse-Wording faded and difficult to read-Plaintiffs' barge Humorist berthed at defendants' wharf, River Thames, to load cargo, vessel taking ground on several tides - Barge waterlogged-Bottom set up, admittedly due to presence of iron weights in berth- Defendants' evidence that they had just previously made a thorough inspection of berth (1) by treading over the berth, followed by (2) clearing off the mud and slurry (with any obstructions) with squeegees, and that the weights found their way on to the berth subsequently- Effect of notice - Whether conditions brought to notice of users of berth.