"JESSMORE" (OWNERS) v. MANCHESTER SHIP CANAL COMPANY.
[1951] 2 Lloyd's Rep. 512
ADMIRALTY DIVISION.
Before Mr. Justice Willmer, sitting with Captain T. L. Owen and Captain D. Dunn, Elder Brethren of Trinity House.
Docks, Harbours, etc.-Canal-Approaches to docks-Obstruction-Mudbank on bed of canal-Failure by canal company to maintain advertised depth-Danger to shipping-Duty of canal company as invitors-Negligent navigation of ship-Damage to ship and to pier in dock basin-Ship and canal company both at fault-Claim and counterclaim -Right of recovery-Effect of "exemption from liability" notice issued by canal company - "All craft . . . at the sole risk of the owners, who alone are responsible . . ."-Plaintiffs' motor vessel Jessmore, deep-draughted, with head and stern tugs, proceeding with engines at dead slow up Salford Basin of Manchester Ship Canal, preparatory to swinging to port into No. 7 dock- Ship in charge of pilot employed by Manchester Ship Canal Company (defendants)-Swing checked owing to an alleged obstruction on bed of canal -Loss of headway-Momentary full ahead engine action to free ship from obstruction - Collision with pier - Claim by plaintiffs alleging that defendants were in breach of their duty as invitors in failing to keep canal in safe condition for passage of ships and/or in failing to issue a warning that they had not maintained the advertised depth - Evidence as to soundings - Counterclaim by canal company in respect of damage to pier-Right to recover even though negligent-Effect of notice issued by defendants providing:
The Manchester Ship Canal Company do not take any charge of or assume any responsibility whatever in respect of any vessel . . . navigating the Canal, all craft under such circumstances being at the sole risk of the owners, who alone are responsible
for the safety and security of their vessels . . . and also for any damage done by their vessels . . . to the premises or property of the Company. . . .
Whether such notice relieved defendants from liability, notwithstanding defendants' negligence - Harbours, Docks, and Piers Clauses Act, 1847, Sect. 74.