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JOHNSTON BROS. v. HARROW AND OTHERS.

Lloyd's Law Reports

JOHNSTON BROS. v. HARROW AND OTHERS.

(1945) 79 Ll.L.Rep. 278

HOUSE OF LORDS.

Before Lord Thankerton, Lord Macmillan, Lord Wright, Lord Simonds and Lord Uthwatt.

Repairs to ship-Negligence-Undocking from dry dock-Purchase by plaintiffs of wreck of steam trawler Tarbetness-Salved and taken to Gourdon-Towed to dry dock at Peterhead for repairs - Repairs undertaken partly by first defenders (repairs to hull) and partly by second defenders (engine and woodwork repairs, etc.)- Docking and undocking to be carried out by shipwrights employed by second defenders -Instructions given by naval authorities that ship must be undocked as soon as possible-Undocking postponed until bottom repairs completed by first defenders - Harbour-master informed by first defenders that repairs were completed and that ship was ready to undock - Date fixed for undocking - Second defenders instructed to be present to assist-Dock flooded - Removal of shores by second defenders' shipwrights as ship became waterborne-Capsizing of ship before she became fully waterborne-Claim by pursuers for damages - Cause of accident - Respective duties of first and second defenders-Responsibility for undocking- Alleged duty upon pursuers to satisfy themselves upon stability - Contributory negligence-Decision of Sheriff-Substitute that capsizing was solely due to negligence of employees of second defenders in their work of undocking - Appeal by second defenders.

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