Glasgow and Newport News Steamship Co., Ltd v. Clyde Navigation Trustees and Others [1910] ScotLR 44 (12 November 1910)

Glasgow and Newport News Steamship Co., Ltd v. Clyde Navigation Trustees and Others [1910] ScotLR 44 (12 November 1910)

Both the reckless navigation of the tug 'Clyde' (for which the Clyde Navigation Trustees are responsible) and the unlawful projection of the 'Inflexible' into the navigable channel (by John Brown & Co.) were independent acts of negligence that directly contributed to the collision. The breach of Bye-Law 6 by John Brown & Co. shifted the burden of proof, which they failed to discharge. Both defenders are jointly and severally liable for the resulting damages.

Citation
[1910] ScotLR 44
Parties
Pursuer: Ellerman Lines, Limited; Pursuer: Glasgow and Newport News Steamship Company, Limited; Defender: Clyde Navigation Trustees; Defender: John Brown & Company, Limited
Jurisdiction
Scotland
Judgment Date
12 November 1910
Procedural Posture
Civil Damages (collision at Sea) / Appeal From Sheriff Court to Court of Session Inner House
Outcome
Appeals refused; interlocutor of Sheriff-Substitute affirmed; defenders held jointly and severally liable.
Legal Topics
Ship Collision, Joint and Several Liability, Contributory Negligence, Breach of Bye Laws, Navigation of Rivers
Maritime Law Tort Law Ship Collision Joint and Several Liability Contributory Negligence Breach of Bye Laws Navigation of Rivers

Case Brief

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Parties

Ellerman Lines, Limited

Pursuer

Glasgow and Newport News Steamship Company, Limited

Pursuer

Clyde Navigation Trustees

Defender

John Brown & Company, Limited

Defender

Procedural Posture

Civil Damages (collision at Sea) / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the collision was caused by the negligence of the tug 'Clyde' and/or the improper mooring of the 'Inflexible' warship.
  2. 2 Whether the defenders are jointly and severally liable for the resulting damages.
  3. 3 Whether breach of Clyde Trust Bye-Law 6 by John Brown & Co. contributed to the accident.

Ratio Decidendi

Both the reckless navigation of the tug 'Clyde' (for which the Clyde Navigation Trustees are responsible) and the unlawful projection of the 'Inflexible' into the navigable channel (by John Brown & Co.) were independent acts of negligence that directly contributed to the collision. The breach of Bye-Law 6 by John Brown & Co. shifted the burden of proof, which they failed to discharge. Both defenders are jointly and severally liable for the resulting damages.

Court Disposition

Appeals refused; interlocutor of Sheriff-Substitute affirmed; defenders held jointly and severally liable.

Orders

  • Affirmation of Sheriff-Substitute's interlocutor of 1st December 1909.
  • Refusal of appeals by Clyde Navigation Trustees and John Brown & Co.