Court of Session Inner House Second Division – Where in an action arising out of a collision at sea it was proved that on board one of the vessels everything was in good order at the time of the collision, while on board the other vessel the crew were, till within a few minutes of the collision, engaged in a tedious operation, which diverted their attention from the navigation of the vessel, and the captain had left the deck and gone below in a drunken condition – held that the onus of disproving the fault leading to the collision rested on those in charge of the latter vessel, and (on the evidence) that that onus had not been discharged.
Judges:
Lord M’Laren, Ordinary
Citations:
[1883] SLR 21 – 177
Links:
Jurisdiction:
Scotland
Transport
Updated: 23 March 2022; Ref: scu.579585