THE "ALBLASSERDIJK."

[1951] 2 Lloyd's Rep. 471

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Captain C. St. G. Glasson, Elder Brother of Trinity House.

Negligence-Sinking of barge in dock -Barge moored close to ship's propeller -Disputed cause of damage-Look-out -Contributory negligence-Onus of proof-Plaintiffs' barge Gowrie moored and left unattended in broad daylight in close proximity to propeller of defendants' steamship Alblasserdijk in Royal Victoria Dock, London-Ship's propeller admittedly moving very slowly, due to the admission of steam to the turbines for the purpose of warming them-Warning notices displayed at stern-Barge shortly afterwards found in sinking condition -Whether due to contact with propeller -Probabilities-Prima facie negligence of plaintiffs in permitting barge to come into contact with propeller-Onus of rebuttal-Evidence as to mooring of barge - "Working the propelling engines of a ship in dock"-Port of London Dock By-laws, Rule 19.