THOMAS SILVEY, LTD. v. WARD AND ANOTHER. THE "BENFLEET."

(1948) 82 Ll.L.Rep. 923

ADMIRALTY DIVISION.

Before Mr. Justice Willmer.

Negligence-Damage to barge-Berthing of tug alongside by tugmaster-Instructions alleged to have been given by tugowners' manager - "Interference" -Barges Alma and Willie in tow of tug Benfleet from Lydney to Bristol-Voyage unable to be completed on one tide-Alma and Willie cast off at mouth of River Avon, where they anchored side by side, taking the ground at low tide-Benfleet moored some distance away-Fresh orders given to tugmaster by tugowners' manager by which another tug was to complete towage and Benfleet was to return to Lydney to pick up other barges- Necessity to shift Benfleet - Benfleet moved alongside barges, with Willie between Alma and Benfleet - Willie damaged when vessels took ground - Liability admitted by tugowners-Limitation decree granted-Action brought by owners of Willie against tugmaster (first defendant) and against tugowners' manager (second defendant) -Evidence of discussion between tugmaster and manager before Benfleet was moved alongside barges - Whether manager gave positive orders to tugmaster -Discretion of tugmaster. Costs-Joinder of parties-Action commenced against two defendants- Plaintiffs successful against first defendant and unsuccessful against second defendant - Right of plaintiffs to Bullock Order - Plaintiffs aware that first defendant was without means and that second defendant was person of substance - Hearing protracted by reason of joining of second defendant -Discretion of Court.