The pumping apparatus of a ship was fitted with a cock of an unusual and dangerous character, as a result of which sea water entered the hold and did damage. By the bills of lading the ship-owners were protected from liability provided they had exercised ‘reasonable care and diligence in connection with the ship.’ The evidence shewed that the chief engineer (who had also inspected the vessel in the course of building) had failed to inform himself of the defective construction of the cock, and that he was unaware during the voyage in question of the danger arising therefrom.
Held that the ship was not seaworthy, that reasonable care and diligence had not been exercised, and that the owners were accordingly liable in damages.
Judges:
Lord Chancellor (Loreburn), Lords Macnaghten, James of Hereford, Atkinson, Collins, Gorell, and Shaw, with Nautical Assessors
Citations:
[1909] UKHL 558, 47 SLR 558
Links:
Jurisdiction:
England and Wales
Transport
Updated: 25 April 2022; Ref: scu.620583
