Bucknill LJ said: ‘On the undisputed evidence as to the circumstances leading up to the collision, it seems to me that a prima facie case of negligence is made out against the ‘Llanover’ which she has failed to rebut. Her rebuttal rests on her evidence that her steering gear jammed, which made it impossible for her to keep out of the way. It is not sufficient for a ship to say: ‘My steering gear has jammed and therefore I can do nothing.’ I think the burden is cast on her of showing that the jamming could not have been avoided by the exercise of reasonable care and skill on her part, or at least that she used all reasonable care and skill to prevent the jamming of the gear, and that it might reasonably have jammed for a cause which they could not have prevented by the exercise of reasonable care and skill.’
Judges:
Bucknill LJ
Citations:
[1948] 79 Lloyds LLR 159
Jurisdiction:
England and Wales
Citing:
Appeal from – The Llanover 1947
The lost vessel for which the claim was made, was under charter, to the British government in wartime. The war conditions had driven up the need for shipping, and with it the market value of ships.
Held: The owner was not awarded damages more . .
Lists of cited by and citing cases may be incomplete.
Transport, Damages
Updated: 04 May 2022; Ref: scu.581030
