Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "CROUCH."

(1950) 84 Ll.L.Rep. 447

ADMIRALTY DIVISION.

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

Negligence-Sinking of plaintiffs' barge at jetty-Defendants' barge moored second bottom out - Res ipsa loquitur - Adequacy of mooring ropes-Onus of proof-Plaintiffs' barge Jack moored alongside Tilbury cargo jetty-Defendants' barge Crouch moored outside Jack - Barges left unattended overnight, taking ground on low tide- Jack found sunk next morning, with Crouch lying partly on top of her- Onus of proof of negligence-Plea by plaintiffs that maxim res ipsa loquitur applied and that onus was on defendants to disprove negligence; alternatively, that defendants were negligent in that Crouch was made fast with an insufficient scope of rope- Probabilities.

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