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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scott v. Kalning [1877] ScotLR 14_260 (26 January 1877)
URL: http://www.bailii.org/scot/cases/ScotCS/1877/14SLR0260.html
Cite as: [1877] ScotLR 14_260, [1877] SLR 14_260
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SCOTTISH_SLR_Court_of_Session
Page: 260↓
Court of Session Inner House First Division.
v.
Facts:
A vessel became unseaworthy during a voyage for which she was chartered, and put into port for repairs. These were executed, but surveyors who were employed by the owner to examine her reported unfavourably, and advised that she should be further strengthened. This was not done, and she proceeded to sea. In a question between the shippers of cargo, which was damaged, and the owners— Opinions ( per curiam) that the report by the surveyors, though not conclusive, operated to shift the onus of proving unseaworthiness from the shippers, and laid upon the owners the burden of proving the contrary.
Counsel for Pursuer— Lord Advocate (Watson)— Guthrie Smith. Agent— Thomas Dowie, S.S.C.
Counsel for Defender— Trayner— Thorburn. Agent— P. S. Beveridge, S.S.C.