Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

TONG TAY v. ANGLO-SAXON PETROLEUM COMPANY, LTD., AND ANOTHER.

(1945) 79 Ll.L.Rep. 608

KING'S BENCH DIVISION.

Before Mr. Justice Wrottesley.

Seaman - Assault - Damages - Claim by Chinese seaman against employers and against second officer of ship-Allegation by seaman that while at sea off the Goodwin Sands, when his ship was waiting for a pilot, he was seized from behind by the second officer and thrown overboard; that after swimming for some time he was picked up by the pilot boat; that he was then refused permission by his captain to board his ship and that he was taken ashore by the pilot boat-Burden of proof -Denial by defendants that any such incident took place - Probabilities - Evidence of independent witness in support of defendants-Proof that plaintiff's general conduct was bad and that he had been logged for disobedience.

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