ATHEL LINE, LTD. v. MERSEY DOCKS AND HARBOUR BOARD. (THE "ATHELQUEEN.")

[1951] 2 Lloyd's Rep. 454

COURT OF APPEAL.

Before Lord Justice Somervell, Lord Justice Jenkins and Lord Justice Hodson, sitting with Rear-Admiral H. D. Hamilton and Captain R. Mann, Nautical Assessors.

Docks, Harbours, etc.-Obstruction in dock -Damage to ship-Duty of dock board -Standard of care-Exceptional circumstances (war conditions)-Duty to warn - Claim brought by shipowners against dock board in respect of bottom damage to ship sustained during period of war - Allegation that damage resulted from striking submerged object in dock and occurred during ship's passage through - Onus of proof - Nature of damage - Probabilities- Evidence of periodical and systematic sweeping operations carried out by dock board and of particular sweeping operations carried out after air raid "incidents" were reported-Further sweeping operation carried out immediately damage to plaintiffs' ship was reported - No obstruction found.