Section 388 of the Merchant Shipping Act 1854 enacts-‘No owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of such pilot is compulsory by law.’
Held that in order to entitle the owners of a ship to the benefits of this provision it is not enough for them to shew that the damage arose through the fault of the pilot, if there is reasonable ground for saying that there was contributory fault on the part of the master or crew.
Circumstances in which held (aff. judgment) that the owners had discharged the onus thus laid upon them.
Citations:
[1876] UKHL 753, 13 SLR 753
Links:
Jurisdiction:
Scotland
Transport
Updated: 15 July 2022; Ref: scu.639639