252 EXCHEQUER COURT REPORTS. I3RMSH CULU`IFiI.I ADMIRALTY DIS'l'R.ICT, 1909 BARBER v. Feby. 18. Skipping—A(/1'0m for clantatfc.,• for personal injuries sustained .tihip----Tnri.,rliction—Dismisxal of action. THIS was an action by the plaintiff for damages for personal injuries sustained whilst working on a foreign ship as a stevedore, such injuries being caused by the faulty construction of hatch coverings and beams supporting the same. On 14th December, 1908, a motion was made on behalf of the ship to set aside a writ for want of jurisdiction, and alternately that the action is one sonarn and not in rem. F. Peters, K.C., for ship, cites the e. 7. Ship must be active cause of damage. The Currie y. McKnight Franconia (5) ; Vera Cruz (6) ; mandy (8) ; the 11Ialvina guishes Wyman v. Duart Castle (11). No action in rem allowed by statute. Where ship under charter, owners cannot be held liable for action of some one not under their control. F. B. Gregory, for plaintiff. The case of Wyman v. Duart Castle (11) is in our favour. By section 35 of under sec. 7 can be pursued either (1) [1894] P. 280. (2) [1897] A. C. 97. (3) 2 L. R. Ad. & Ec. 24. (4) L. R. 2 P. C. 447. (5) 2 P. D. 163. (6) 10 A. C. 59. (12) See also williams & Bruce, p. 73, Note [VOL. XII. THE SHIP NEDERLAND. ou foreign. in per-Admiralty Act,1861, Theta (1) ; (2) ; the Sylph (3) ; the Beta (4) ; the Zeta (7) ; the Nor-(9) ; Vera Cruz (10). Distinunless maritime lien of some sort or Currie v. McKnight, supra (12). Admiralty Act of 1861, the remedy in rem or in personam. (7) [1893] A. C. 468. (8) [1904] P. at 200. (9) Lush. 493. (10) 9 P. D. 88 & 96 ; Williams & Bruce Ad. Pr. (3rd ed.) 76. (11) 6 Ex. C. R. 387. (a).
VOL. XII.] EXCHEQUER COURT REPORTS. Being a foreign ship judgment against owners is of little value if obtained. On 18th February, 1909, Mr. Justice Judge, allowed the motion to set aside proceedings. Solicitors for plaintiff: Fell & Gregory. Solicitors for ship : Bodwell & Lawson. 253 1969 BARBER v. MARTIN, Local AHE SII IP 1\ EDERLA ND . Judgmemm
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.