The crew negligently allowed furnace oil to leak. The Patna Case 1777-1779 (with explaination)।।LEGAL HISTORY।।LLB NOTES।। - Duration: 9:51. However, the oil was ignited when molten metal dropped from the wharf and came into contact with cotton waste floating on the water’s surface. . The case arose out of a charter partly and went to arbitration under a term of it and the first contention of the charterers was that they were protected from liability by the exception of fire in the charter party. The Court will grant the Village of Wagon Mound's Motion for Summary Judgment against the Mora Trust finding that there are no genuine issues of material fact with respect to the issue of laches. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Case Summary for Overseas Tankship (U.K.) Ltd. v. Mort’s Dock & Engineering Co., Ltd. (The Wagon Mound) Privy Council, 1961. Wagon Mound Case Study 2646 Words | 11 Pages. The" Wagon Mound" unberthed and set sail very shortly after. A vessel was chartered by appellant. A large quantity of oil was spilled into the harbour. About 600 ft. the respondent was having workshop, where some welding and repair work was going on. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. . The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. . Despite the Wagon Mound test, in personal injuries the principles of imposing liability from pre-existing conditions and/or new risks created by an initial negligent injury remain intact. Wagon Mound was moored 600 feet from the Plaintiff’s wharf when, due the Defendant’s negligence, she discharged furnace oil into the bay causing minor injury to the Plaintiff’s property. The Wagon Mound No.2 [1967] 1 AC 617 Privy Council The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. In a suit for damages in a tort case, the court awards pecuniary compensation to the plaintiff for the injury or damage caused to him by the wrongful act of the defendant. Aradhya Gupta LAWVITA Recommended for you The "thin skull" rule still applies, and parties are liable for all subsequent injuries that develop as a result of the original foreseeable injury. (Wharf lit on fire by oil spilled from nearby ship.) This ruling overturns the Polemis concept that a defendant is responsible for […] [T.4, s.1, 252/261] 1 Armijo is represented in this action by Juanita D. Chavez and Atanacio Armijo (the “Plaintiffs”), his mother and father and next friends. Overseas Tankship were charterers of the Wagon Mound, which was docked across the harbour unloading oil. Liability for negligence is limited to the damages that were foreseeable. In 1994, Philadelfio C. Armijo (“Armijo”) was a sixteen-year-old special education student at Wagon Mound Public Schools (“WMPS”), in Wagon Mound, New Mexico. [T.4, s.1, 240/252] It is quite clear to me that laches applies in this situation . Wagon Mound Case. • ships (docked in the water when the fire occurred) were damaged; shipowners sue Wagon Mound • rule in WM 1 is that injury was unforeseeable and therefore WM not liable to Mort’s Dock • However, the court changes its reasoning in the second case, holding WM liable and granting the shipowners damages 1961 A.C. 388. consequence of the wrongful act complained of. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Facts: The issue in this case was whether or not the fire was forseeable. 252/261 ] Facts: the Issue in this situation of oil was into. 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