THE "DEVONIA."

(1937) 58 Ll.L.Rep. 384

ADMIRALTY DIVISION.

Before Mr. Justice Langton, sitting with Captain H. C. Birnie and Captain Clifford St. George Glasson, Elder Brethren of Trinity House.

Bad berth-Damage to plaintiffs' vessel- Plaintiffs' allegation that damage was sustained in taking ground at berth belonging to defendants (Corporation of Bideford)-Dispute as to whether berth fell away at aft end of vessel; as to whether surface of berth was soft or slurry at aft end of the vessel; and as to whether, assuming berth was of such a character, it could have caused the damage claimed-Evidence of surveys -Inference to be drawn from nature of damage. Practice-Damage at berth-Particulars of damage-Claim by plaintiff shipowners against defendant berth-owners (public authority) -Allegation that berth fell away at aft end of vessel-Particulars supplied by plaintiffs at defendants' request, as to what extent berth fell away; where, in relation to vessel, it commenced to fall away; and as to length of vessel alleged to have been unsupported - Plaintiffs' further plea during trial that vessel was unsupported aft by reason of softer consistency of mud at that end- Whether adding new cause of action -Right of defendants to plead Public Authorities Protection Act.