IPSWICH DOCK COMMISSION v. SAMUEL WEST, LTD. SAMUEL WEST, LTD. v. IPSWICH DOCK COMMISSION AND OWNERS OF THE STEAMSHIP "OXBIRD" (BY COUNTERCLAIM).

(1937) 58 Ll.L.Rep. 346

ADMIRALTY DIVISION.

Before Mr. Justice Bucknill.

Wreck-Public authority-Sinking of defendant's barge by collision in River Orwell-Statutory powers of plaintiff Dock Commission under Harbours, Docks, and Piers Clauses Act, 1847, Sect. 56-Wreck lighted by plaintiffs -Agreement between plaintiffs and defendants that plaintiffs would raise the wreck and restore her to defendants at their expense-Wreck raised by plaintiffs and shifted to position nearer bank-Light removed-Wreck run into by steamship Oxbird, further damage being sustained-Wreck again raised by plaintiffs-Claim by plaintiffs to total cost incurred in raising wreck-Tender by defendants of cost of first raising accepted by plaintiffs-Right of plaintiffs to balance-Counterclaim by defendants against plaintiffs and against owners of the Oxbird in respect of further damage to wreck; and against owners of the Oxbird to be indemnified in respect of defendants' liability to plaintiffs, if any, in respect of second raising-Whether plaintiffs protected by Sect. 1 of Public Authorities Protection Act, 1893.