Mackenzie v. Stornoway Pier and Harbour Commissioners [1907] ScotLR 44_350 (31 January 1907)

Mackenzie v. Stornoway Pier and Harbour Commissioners [1907] ScotLR 44_350 (31 January 1907)

No fault or negligence was proved against the harbour commissioners or harbour-master. The proximate cause of the accident was the act of the crew of the Victoria, not any breach of duty by the defenders. The harbour-master gave proper orders, and responsibility for execution lay with the vessel owners. The defenders are not liable for damages.

Citation
[1907] ScotLR 44_350
Parties
Pursuer: Æneas Mackay Mackenzie; Defenders: Stornoway Pier and Harbour Commissioners
Jurisdiction
Scotland
Judgment Date
31 January 1907
Procedural Posture
Reparation Action / Appeal (reclaiming Motion)
Outcome
appeal dismissed; interlocutor adhered
Legal Topics
Harbour Authority Liability, Negligence, Duty of Care, Damages
Tort Maritime Law Harbour Authority Liability Negligence Duty of Care Damages

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Parties

Æneas Mackay Mackenzie

Pursuer

Stornoway Pier and Harbour Commissioners

Defenders

Procedural Posture

Reparation Action / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether the harbour commissioners or harbour-master were negligent and liable for damages to the pursuer's vessel
  2. 2 Scope of duty owed by harbour authorities to vessel owners

Ratio Decidendi

No fault or negligence was proved against the harbour commissioners or harbour-master. The proximate cause of the accident was the act of the crew of the Victoria, not any breach of duty by the defenders. The harbour-master gave proper orders, and responsibility for execution lay with the vessel owners. The defenders are not liable for damages.

Court Disposition

appeal dismissed; interlocutor adhered

Orders

  • Defenders assoilzied from conclusions of the summons
  • No damages awarded to pursuer