Scottish Court of Session Decisions

Subject_1Process
Subject_2Expenses
Subject_3Negligence
Subject_4Reparation-Contributory Negligence.
Facts:

The master of the vessel “Janets and Ann” when approaching the harbour of Kirkcudbright, and at the time subject to the orders of the harbour-master, received orders from the latter which resulted in the vessel running aground and suffering damage. In an action of damages at the instance of James Renney, the owner of the “Janets and Ann,” against the Magistrates and Council of the burgh of Kirkcudbright, the original fault of the harbour-master, who was the defenders' servant, was proved; but the plea of “contributory negligence” having been taken by the defenders, it was also proved that those in charge of the vessel were well acquainted with the place, and might have avoided the damage if they had navigated their ship with prudence after the orders were received. This plea being sustained, the defenders were assoilzied, and on a motion for expenses, held, that though guilty of negligence, they were entitled to expenses without modification in accordance with the general rule.