MAY & HASSELL, LTD. v. J. BOLSON & SON, LTD.

(1948) 82 Ll.L.Rep. 344

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Cohen and Lord Justice Asquith.

Negligence - Damage to wharf - Proof of damage-Claim brought by plaintiff wharf-owners against owners of motor vessel L.C.G. (M.) 182-Plaintiffs' case that vessel was negligently (or in breach of contract to use plaintiffs' wharf) berthed alongside wharf so that she in part drifted under wharf and, on the rising tide, caused damage- Alleged failure by defendants to provide proper and sufficient fenders - Plea by defendants that wharf had been de-requisitioned by the Admiralty shortly before alleged damage, and that the Admiralty had agreed to pay a certain sum for dilapidations; that the items of damage charged against the defendants had been included in the Admiralty settlement; and that therefore plaintiffs had suffered no material loss - Judgment entered by learned County Court Judge for £133 (plaintiffs' claim: £247)-Appeal-Question of fact-County Courts Act, 1934, Sect. 106.