Hardie v. Greenock Towing Co. [1901] ScotLR 39_151 (28 November 1901)

Hardie v. Greenock Towing Co. [1901] ScotLR 39_151 (28 November 1901)

A pilot who acquiesces in being placed in a disadvantageous position by the vessel owner, rather than insisting on full control or refusing to act, remains liable for damages caused by faulty navigation while acting as pilot.

Citation
[1901] ScotLR 39_151
Parties
Pursuer: Greenock Towing Company and the individual partners; Defender: William Hardie
Jurisdiction
Scotland
Judgment Date
28 November 1901
Procedural Posture
Civil Appeal / Appeal From Sheriff Court Judgment
Outcome
appeal dismissed; interlocutor affirmed
Legal Topics
Pilotage, Compulsory Pilotage, Liability of Pilot, Duties of Pilot, Navigation Accident
Shipping Law Maritime Law Pilotage Compulsory Pilotage Liability of Pilot Duties of Pilot Navigation Accident

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Parties

Greenock Towing Company and the individual partners

Pursuer

William Hardie

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court Judgment

Legal Issues

  1. 1 Whether a pilot remains liable for navigation errors when placed in a disadvantageous position by the vessel owner
  2. 2 Whether the pilot's responsibility is negated by following owner's instructions that limit his control

Ratio Decidendi

A pilot who acquiesces in being placed in a disadvantageous position by the vessel owner, rather than insisting on full control or refusing to act, remains liable for damages caused by faulty navigation while acting as pilot.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

  • Defender held liable for damages, restricted to £100 and pilot's fee of 10s.