Ellerman Lines, Ltd (S. S. "City of Naples") v. Trustees of Harbour of Dundee [1920] ScotLR 186 (27 November 1920)

The collision was caused by the defenders' failure to mark the wreck effectively and misleading changes in buoyage, which misled the master of the 'City of Naples.' The defenders were responsible for the accident, and the master was not guilty of contributory negligence.

Citation: [1920] ScotLR 186
Parties: Pursuer: Ellerman Lines, Limited (S.S. 'City of Naples'); Defender: Trustees of Harbour of Dundee
Jurisdiction: Scotland
Judgment Date: 27 November 1920
Procedural Posture: Civil / Appeal
Outcome: judgment for pursuer
Legal Topics: Harbour Authority Liability, Pilotage Duties, Buoyage of Wrecks, Negligence, Contributory Negligence

Maritime Law Tort Law Statutory Interpretation Harbour Authority Liability Pilotage Duties Buoyage of Wrecks Negligence Contributory Negligence

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Parties

Ellerman Lines, Limited (S.S. 'City of Naples')

Pursuer

Trustees of Harbour of Dundee

Defender

Procedural Posture

Civil / Appeal

Legal Issues

1 Whether the Trustees of Harbour of Dundee were liable for damages caused by collision with a sunken wreck due to improper buoyage and pilotage arrangements.
2 Whether the pilotage authority and harbour trustees are legally distinct for purposes of liability.
3 Whether the master of the vessel was guilty of contributory negligence.

Ratio Decidendi

Court Disposition

judgment for pursuer

Orders

Finding for pursuers in terms of their fourth plea-in-law; decree to be pronounced when damages are ascertained.