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Criminal Law Keyed to Dressler
Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. “Wagon Mound No. 1”
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendants carelessly discharged oil from their ship while it was berthed in Sydney harbor. After their ship set sail, oil was carried by the wind and tide to Plaintiff’s wharf, which was used for repair work on other ships in the harbor. Plaintiff’s supervisor was concerned about the oil and ordered his men to do no welding or burning in the area. Plaintiff made some inquires and was testified that the oil was not flammable. He accordingly instructed his men to resume welding operations and directed them to take care that no flammable material should fall off the wharf into the oil. About two and a half days later, Plaintiff’s wharf was destroyed by fire. The outbreak of fire was due to the fact that there was floating in the oil, underneath the wharf, a piece of debris on which lay some smoldering cotton waste or rag which had been set on fire by molten metal falling from the wharf. The trial judge found that Defendant knew that oil had been discharged from the ship, however , he could not reasonably be expected to have known that oil was capable of being set afire when spread on water. Plaintiff was awarded judgment. Defendant appealed.
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