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Torts Keyed to Epstein
Overseas Tankship (U.K.) Ltd. v. Morts Dock & Engineering Co., Ltd. (Wagon Mound (No. 1))
Citation:
[1961] A.C. 388 (P.C. Austl.)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The defendant’s ship, the Wagon Mound, was docked in Sydney Harbor, and, while docked, the defendants carelessly discharged oil into the water. When the ship set sail, the wind spread the discharged oil to the plaintiff’s wharf, which was used for repair work on other ships in Sydney Harbor. Plaintiff noticed the oil and, having become concerned about the risk of fire, ordered his workmen to stop all welding or burning until further notice. Plaintiff asked around and was told that the oil from the Wagon Mound was not flammable. Plaintiff then instructed his men to resume work with caution. A couple days later, the oil caught fire and destroyed the plaintiff’s wharf. The cause of the fire was determined to be a piece of debris floating under the oil holding a smoldering rag set on fire by molten material from the welding. The fire then spread quickly over the surface of the oil, destroying the wharf.
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