Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

FIRTH SHIPPING COMPANY v. MORTON'S TRUSTEES.

(1937) 58 Ll.L.Rep. 309

COURT OF SESSION.

Before Lord Keith.

Negligence-Bad berth-"Free port" (Scotland)-Pursuers' vessel berthed alongside jetty in Aberdour Harbour (belonging to defenders)-Allegation that vessel sustained damage on taking ground-Berth not level-Evidence of other groundings between berthing at Aberdour and subsequent drydocking at Aberdeen for survey-Whether pursuers had discharged onus of showing that damage disclosed was sustained at Aberdour-Legal duty owed by holder of grant of "free port"- Whether there was an implied invitation to shipowners-Duty to maintain berth in safe condition-Evidence as receipts and expenditure.

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