Southport Corpn v Esso Petroleum Co Ltd

Subject Matter

SHIPPING — Nuisance — Discharge of oil — Public navigable river — Tanker stranded in estuary — Refloated by jettison of oil cargo — Damage to foreshore by oil — Action by owners of foreshore against shipowners — Claim based on trespass, nuisance and negligence — Negligence — Res ipsa loquitur — Onus of proof.

[1954] 2 QB 182; [1954] 3 WLR 200; [1954] 2 All ER 561, CA

SHIPPING — Collision — Negligence — Onus of proof. Negligence — Onus of proof — Res ipsa loquitur. Trespass — Indirect act. Nuisance. Practice — Pleadings — Omission — Due to other party's reticence.

[1954] 2 QB 182; [1954] 3 WLR 200; [1954] 2 All ER 561, CA

SHIPPING — Collision, etc. — Stranding — Public navigable river — Ship refloated by jettison of oil — Damage to foreshore by oil — Action by foreshore owners against shipowners — Claim based on trespass, nuisance and negligence of owner's servants — Suggestion of faulty steering gear made at trial — Not pleaded — Res ipsa loquitur — Onus of proof

[1956] AC 218; [1956] 2 WLR 81; [1955] 3 All ER 864, HL(E)

SHIPPING — Nuisance. Negligence — Onus of proof — Res ipsa loquitur. Trespass — Indirect act. Nuisance. Practice — Pleadings — Omission — Reliance on, not pedantry. Admiralty — Assessor — Shipping — Admiralty question in Queen's Bench Division — Need for assessor. Practice — Assessor

[1956] AC 218; [1956] 2 WLR 81; [1955] 3 All ER 864, HL(E)

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