Woods v Duncan [1946]

FACTS:-

In a submarine constructed for the Royal Navy there were six torpedo tubes, each with a bow-cap, operated by telemotor apparatus.  At the seaward end and at the inner end, a rear door which could not be opened without raising a small lever was devised that when it was lifted a jet or trickle of water would emerge from a hole in the door if the tube were more than half full. To clear the hole of obstructions a pin or rimer was attached by a chain to the test-cock lever, the primary function was to indicate when torpedoes were being fired, whether the tube was more than half-full of water. There was a mechanical indicator for each tube to show whether its bow-cap was open or shut. When the submarine left the builders’ yard for diving trials, no torpedoes were taken.

The crew consisted of officers and ratings of the Royal Navy and the complement included several civilians, employees of the builders and other firms concerned in manufacturing the equipment.

While the submarine was submerged W, the torpedo officer, opened the rear door of one of the tubes to inspect the interior. The bow-cap was open and in consequence the submarine sank to the bottom, all those within perishing, with the exception of four, among whom was W. According to his evidence, before opening the rear door he raised the test-cock, from which no water emerged; read the indicator, which showed the bow-cap to be shut; and asked H, the seaman in charge of the levers operating the bow-caps (who perished in the disaster) whether everything was correct, receiving an affirmative reply. He made no use of the rimer to ascertain whether the test-cock hole was free from obstructions. After the lever operating any bow-cap had been turned to “shut” or “open,” the bow-cap could be kept in position either by leaving the lever as it was or by turning it to neutral. When the submarine was subsequently raised, the relevant lever was found to be at neutral and the bow-cap open. The hole of the test-cock was found to be completely blocked with the bitumastic paint used for painting the inside of the torpedo tube.

The widows of two civilians who perished in the submarine brought actions for damages against (a) W., (b) the widow of H, (c) the builders, and (d) the sub-contractors who painted the tubes:-

The decision of the Court of Appeal was reversed against Woods.  Rose Duncan and Mabel Craven, the widows of two men who perished in the submarine Thetis , brought actions against Lieutenant Frederick Woods, the torpedo officer Matilda Hambrook, the widow of Leading Seaman Hambrook, who was in charge of the levers operating the bow-caps, Cammell Laird & Co., Ld., the builders, and Wailes Dove Bitumastic, Ld., the sub-contractors who painted the torpedo tubes. Wrottesley J. gave judgment against Cammell Laird & Co., Ld. and dismissed the claims against the other defendants. The Court of Appeal allowed an appeal by Cammell Laird & Co., Ld. and also a cross-appeal by the plaintiffs against Woods. He now appealed to the House of Lords and the plaintiffs crossappealed.

HELD:-

The House of Lords allowed the appeal of Lieutenant Woods against the decision of the Court of Appeal, on the ground that the negligence alleged against him had not been established.  In all other respects the decision of the Court of the Appeal was affirmed.  It was held that the officer could not be held to be negligent.  The appeal was allowed and the cross appeal was dismissed. 

It was held:

(1.) that W. was not negligent, in as much as he had read the indicators and was entitled to rely on H.’s statement that all was correct, and although it was not the function of the test-cock to show whether the bow-cap was open or shut it was not negligent to make use of it to support the evidence of the indicator;

(2.) that there was no evidence that H. was negligent;

(3.) that though the builders and sub-contractors were negligent in regard to the blocking of the hole, they had no reason to suspect that its blocking would be dangerous to the husbands of the plaintiffs.

No related posts.