THE "NUBIA."

(1947) 81 Ll.L.Rep. 69

ADMIRALTY DIVISION.

Before Lord Merriman (President), sitting with Commodore A. S. Mackay and Captain G. C. H. Noakes, Elder Brethren of Trinity House.

Bad berth-Damage to barge-Duty of berth-owners -Onus of proof-Claim by plaintiffs (owners of barge Nubia and of her cargo) against defendants (berth-owners) -Barge first made fast for four days to mooring chains off defendants' berth and then put on defendants' berth, where she took the ground on every tide-Discharge commenced three days later, when barge was found to be leaking-Dispute as to cause of leakage-Evidence of survey of berth made soon after leakage was discovered - Inference to be drawn from nature of damage to barge - Suggested possibility that damage was incurred at mooring chains-Probabilities.