FLOWER & EVERETT, LTD. v. THOMAS W. HUGHAN & CO. THE "ARALIA."

(1948) 82 Ll.L.Rep. 884

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Commodore R. L. F. Hubbard, Elder Brother of Trinity House.

Negligence-Res ipsa loquitur-Onus of proof-Breaking adrift of dumb barge Aralia from moorings in River Thames, causing damage to moored tugs and herself becoming total constructive loss -Barge in hands of defendants for purposes of repair and moored by them by means of breast ropes to other barges secured to wharf, Aralia being eighth barge out-Barge moored by defendants before Easter holiday and found adrift early on Easter Tuesday - Action brought by tugowners and by owners of Aralia against defendant repairers- Onus of proof upon defendants-Evidence adduced by them that Aralia was moored in the normal way before Easter holiday; that her moorings were inspected during holiday; that the mooring rope used was of the normal type; and that the part of the mooring rope which had been recovered indicated that it had been subjected to considerable strain - Suggestion made by defendants that barge was possibly struck and broken adrift by a drifting barge, or that she broke adrift owing to wash caused by a ship passing at excessive speed-No real evidence available-Whether defendants' evidence was sufficient to show that the accident could have occurred without their negligence.