GREAT WESTERN RAILWAY COMPANY v. PORT TALBOT DRY DOCK COMPANY, LTD.

(1943) 77 Ll L Rep 520

KING'S BENCH DIVISION.

Before Mr. Justice Tucker.

Repairs to ship - Negligence - Capsizing of plaintiffs' dredger - Defendants under contract to repair dredger - Vessel to be repaired in dry dock (in possession of defendants under lease from plaintiffs)- Dry dock occupied when dredger available for repair-Temporarily berthed outside- Whether vessel had passed into defendants' custody and control - Specification requiring (inter alia) opening up of pumps; also removal of gear from storeroom on port side-Covers of pumps taken off by defendants-Gear on port side removed -Incursion of water into engine-room through discharge valves-Slight list to starboard-Leak discovered by plaintiffs' night watchman at about 7 30 p.m. on Sept. 24, 1941, and reported by him to defendants' dry dock watchman - Measures taken by defendants - Inspection made by plaintiffs' watchmen during night - Considerable amount of water found in dredger at about 6 30 a.m. next morning, vessel capsizing and sinking about an hour afterwards, before steps could be taken to pump out - Probable cause of influx of water-Alleged contributory negligence of plaintiffs' night watchmen -Right of recovery under Clause 15 of repair contract providing that "The [defendants] shall be responsible for . . . all losses and expenses whatsoever in respect of . . . loss of or damage to property howsoever caused arising out of or in any way attributable to the execution of the works."