Craig v. Aberdeen Harbour Commissioners and Others [1909] ScotLR 508 (11 March 1909)

Craig v. Aberdeen Harbour Commissioners and Others [1909] ScotLR 508 (11 March 1909)

The accident was caused by the negligence of the harbour-master, a servant of the Aberdeen Harbour Commissioners, in giving the order to heave without ensuring the safety of persons on board the 'Nettle.' No fault was established against the Caledonian Steam Trawling Company, whose crew acted under the harbour-master's direction and were not independently negligent. There was no contributory negligence by the pursuer.

Citation
[1909] ScotLR 508
Parties
Pursuer: Alexander Craig; Defender: Aberdeen Harbour Commissioners; Defender: Caledonian Steam Trawling Company, Limited
Jurisdiction
Scotland
Judgment Date
11 March 1909
Procedural Posture
Personal Injury Action / Appeal From Sheriff Substitute to Inner House, Court of Session
Outcome
Appeal sustained in part; decree against Aberdeen Harbour Commissioners only; Caledonian Steam Trawling Company assoilzied.
Legal Topics
Negligence, Harbour Authority Liability, Personal Injury, Joint and Several Liability, Expenses (costs)
Tort Maritime Law Negligence Harbour Authority Liability Personal Injury Joint and Several Liability Expenses (costs)

Case Brief

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Parties

Alexander Craig

Pursuer

Aberdeen Harbour Commissioners

Defender

Caledonian Steam Trawling Company, Limited

Defender

Procedural Posture

Personal Injury Action / Appeal From Sheriff Substitute to Inner House, Court of Session

Legal Issues

  1. 1 Whether the Aberdeen Harbour Commissioners and/or the Caledonian Steam Trawling Company, Limited, were liable for personal injuries suffered by the pursuer during a berthing operation in the harbour.
  2. 2 Whether there was contributory negligence by the pursuer.
  3. 3 Whether the operation was conducted with reasonable care by the parties involved.

Ratio Decidendi

The accident was caused by the negligence of the harbour-master, a servant of the Aberdeen Harbour Commissioners, in giving the order to heave without ensuring the safety of persons on board the 'Nettle.' No fault was established against the Caledonian Steam Trawling Company, whose crew acted under the harbour-master's direction and were not independently negligent. There was no contributory negligence by the pursuer.

Court Disposition

Appeal sustained in part; decree against Aberdeen Harbour Commissioners only; Caledonian Steam Trawling Company assoilzied.

Orders

  • Aberdeen Harbour Commissioners to pay £100 damages to the pursuer.
  • Aberdeen Harbour Commissioners to pay expenses to both the pursuer and the Caledonian Steam Trawling Company, Limited, in both courts.