Paul Brothers v The New Ross Harbour Commissioners

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1926
• Date: 01 January 1926

S. C., I. F. S.,

Paul Brothers

and

The New Ross Harbour Commissioners

The New Ross Port and Harbour Amendment Act, 1861, 24 25 Vict., c. 111, ss. 59, 60 - The Harbours, Docks and Piers Clauses Act, 1847 - Merchants Shipping Act,1854, ss. 61, 63 - Duties of "harbour master."

The owners of the SS. Vanadis, a steam yacht of unusual construction with a sharp bottom and high sides converted into a cargo boat, informed the Harbour Master of New Ross that she would visit the port with a cargo of flour and bran, but did not disclose the unusual construction of the ship. The harbour master directed the pilot, who was to bring her up the tidal river on which the port was situated, to put her in a berth which was in fact suitable for a vessel of her construction. The master of the vessel refused to put her in this berth, and, after discussion with the pilot, put her in another berth, which was in fact unsuitable for her and in which she capsized at low tide and was submerged at each full tide during a period of several days. The harbour master was not present when the vessel was placed in this berth, and did not know she had been so placed until after she had capsized. In an action against the harbour authority by the owners of the cargo for...