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Torts keyed to Robertson
Overseas Tankship Ltd. v. Morts Dock & Engineering Co. Ltd. (Wagon Mound I).
Citation:
Privy Council 1961. [1961] A.C. 388, [1961] 2 W.L.R. 126, [1961] 1 All E.R. 40.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Plaintiff, Morts Dock & Engineering Co., Ltd., owned a wharf where it repaired other ships. The Defendant, Overseas Tankship Ltd., owned a ship docked at a neighboring wharf. Inside the Defendant’s ship was furnace oil. The ship leaked furnace oil into the bay. After the Defendant’s ship left, the oil was carried towards the Plaintiff’s wharf causing its employees to cease wielding and burning. The Plaintiff’s manager made inquiries to see if the furnace oil was flammable, which he was told that it was not. The Plaintiff’s manager told its employees to continue its wielding and burning. Days later, the oil ignited and caught fire and spread rapidly. A considerable damage was done to the wharf. It was found that the because of sparks from the wading operations, fire was set to cotton waste or rags floating in the water which ignited the furnace oil.
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