THE "STAR OF THE ISLES."

(1938) 62 Ll L Rep 139

COURT OF SESSION.

Before Lord Normand (Lord President), Lord Carmont, Lord Fleming and Lord Moncrieff.

Collision-Breaking away from harbour moorings - Inevitable accident - Collision between pursuers' steam trawler Pelagos and defenders' steam trawler Star of the Isles in Oban Harbour- Pelagos moored starboard side to quay; Star of the Isles moored outside Pelagos -Breaking adrift of Star of the Isles during gale-Damage to Pelagos- Proof of damage-Plea by Star of the Isles of inevitable accident-Onus of proof-Evidence of moorings laid out by Star of the Isles-Whether sufficient -Allegation that Star of the Isles was insufficiently manned, resulting in her inability to use her engines at the critical time-Question of seamanship- Necessity for expert evidence-Measure of damage-Consideration of position where, by reason of tortious act causing damage, vessel has escaped damage which would probably have arisen independently of wrong-Procedure- Proof - Restriction to question of liability. Seamanship-Measure of skill-Necessity for expert evidence.