Aktieselskabet "Fjord" of Kristiania v. The Steamship "Beechgrove" Co., Ltd [1915] ScotLR 244 (18 December 1915)

Aktieselskabet "Fjord" of Kristiania v. The Steamship "Beechgrove" Co., Ltd [1915] ScotLR 244 (18 December 1915)

Owners compelled to take a pilot on board at Greenock, place him in charge, and pay for his services for the full voyage to Glasgow; master-servant relationship does not exist during this period; if collision is solely pilot's fault, owners are exempt from liability under statute and common law.

Citation
[1915] ScotLR 244
Parties
Defender: Aktieselskabet 'Fjord' of Kristiania; Pursuer: The Steamship 'Beechgrove' Company, Limited
Jurisdiction
Scotland
Judgment Date
18 December 1915
Procedural Posture
Collision Damages Action / Appeal From Sheriff Substitute, Interlocutor Recalled, Proof Remitted
Outcome
interlocutor of Sheriff-Substitute recalled; cause remitted for proof
Legal Topics
Compulsory Pilotage, Shipowner Liability, Statutory Exemption, Pilot Board Bye Laws
Maritime Law Tort Law Compulsory Pilotage Shipowner Liability Statutory Exemption Pilot Board Bye Laws

Case Brief

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Parties

Aktieselskabet 'Fjord' of Kristiania

Defender

The Steamship 'Beechgrove' Company, Limited

Pursuer

Procedural Posture

Collision Damages Action / Appeal From Sheriff Substitute, Interlocutor Recalled, Proof Remitted

Legal Issues

  1. 1 Whether shipowners are exempt from liability for collision caused by pilot's fault outside compulsory pilotage area
  2. 2 Interpretation of Merchant Shipping Act 1894 section 633 and Clyde Navigation Consolidation Act 1858

Ratio Decidendi

Owners compelled to take a pilot on board at Greenock, place him in charge, and pay for his services for the full voyage to Glasgow; master-servant relationship does not exist during this period; if collision is solely pilot's fault, owners are exempt from liability under statute and common law.

Court Disposition

interlocutor of Sheriff-Substitute recalled; cause remitted for proof

Orders

  • Recall of interlocutor
  • Remit to Sheriff-Substitute to allow proof