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Lloyd's Law Reports


(1945) 79 Ll.L.Rep. 549


Before Mr. Justice Willmer.

Limitation of liability - Dock-owners - Landing-place-Actual fault or privity- Damage to barge and cargo - Action successfully brought against berth-owners (present plaintiffs)-Claim by plaintiffs to limit liability-"The owners of any dock or canal, or a harbour authority or a conservancy authority, as defined by the Merchant Shipping Act, 1894, shall not, where without their actual fault or privity any loss or damage is caused to any vessel or vessels, or to any goods, merchandise, or other thinks whatsoever on board any vessel or vessels, be liable to damages beyond an aggregate amount not exceeding £8 for each ton of the tonnage of the largest registered British ship which, at the time of such loss or damage occurring, is, or within the period of five years previous thereto has been, within the area over which such dock or canal owner . . . performs any duty or exercises any power" - "The term 'dock' shall include wet docks and basins, tidal basins . . . wharves . . . landing-places . . ."-"The term 'owners of a dock or canal' shall include any person or authority having the control and management of any dock or canal"- Alleged fault or privity of engineer in employ of plaintiffs (limited liability company)-Meaning of "dock"-Whether berth-owners exercised control.

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