PALESTINE TRANSPORT & SHIPPING COMPANY, LTD. v. GREENOCK DOCKYARD COMPANY, LTD.

(1947) 81 Ll.L.Rep. 76

COURT OF SESSION.

Before Lord Sorn.

Repairs to ship-Breach of contract to repair - Subsequent leakage - Defective workmanship - Heavy weather - Collision repairs effected at Greenock by defenders to pursuers' ship in accordance with surveyors' recommendations-Leakage on voyage to St. John (N.B.) - Leaks repaired at St. John-Further leakage on voyage from St. John to Halifax-Further repairs carried out at Halifax-Leakages both within and outside the area of Greenock repairs - Evidence as to the nature and extent of repairs at Greenock -Whether defects discovered at St. John and Halifax due to effect of heavy weather on an old ship - Proof of heavy weather-Admissibility of logs-Whether statements in log admissible against ship -Alternative explanations of leakage - Probabilities.