DOVER HARBOUR BOARD v. NONI SYNDICATE, LTD., AND OTHERS. [THE "ANCHOR."]
(1945) 79 Ll.L.Rep. 143
Before Lord Justice Bucknill sitting as an additional Judge of the Admiralty Division).
Docks, Harbours, &c.-Wreck-Raising and removal-Recovery of cost by harbour authority - Negligence - Sinking of first defendants' crane-barge moored alongside pier in Dover Harbour - Barge under demise charter to second defendants- Time-chartered to third defendants - Claim by Dover Harbour Board against defendants for expenses of raising and removal of wreck (1) on grounds of negligence: (2) under Harbours, Docks, and Piers Clauses Act, 1847-First defendants admittedly not liable in negligence-Cause of sinking-Barge unattended-Duty of master - Whether master acting as servant of second or of third defendants- Onus of proof-Construction of provisions of time-charter - Evidence of warnings given to third defendants' servants that berth was unsuitable for barge if left unattended, and of proposals that she should in such circumstances be shifted to a safer position - Third-party claim brought by second defendants against third defendants alleging that they (the second defendants) were entitled to indemnity in respect of the plaintiffs' claim.