Heranger, S.S. (Owners) v Diamond, S.S. (Owners)
| Jurisdiction | England & Wales |
| Judgment Date | 15 December 1938 |
| Date | 15 December 1938 |
| Court | House of Lords |
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23 cases
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Evergreen Marine (UK) Ltd v Nautical Challenge Ltd (THE 'ALEXANDRA 1' and 'EVER SMART')
...the narrow channel rule governs the case, and not the crossing rules; The Kaiser Wilhelm der Grosse[1907] P 259, The Heranger(1938) 62 Ll L Rep 204; [1939] AC 94, The Empire Brent(1948) 81 Ll L Rep 306. If one of the ships is not proceeding along the channel at all, but crossing more or les......
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Joslyn v Berryman;Wentworth Shire Council v Berryman
...ALJR 867 at 885 [90]; 179 ALR 321 at 345. 86 Citing McLean v Tedman (1984) 155 CLR 306 at 315; SS Heranger (Owners) v SS Diamond (Owners) [1939] AC 94 at 101; Hicks v British Transport Commission [1958] 2 All ER 39; Balkin and Davis, Law of Torts, 2nd ed (1996) at 338 n 37. 87Sungravure Pt......
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Liftronic Pty Ltd v Unver
...(1979) at 224, n 54. 71 [1999] NSWCA 275 at [2]. 72McLean v Tedman (1984) 155 CLR 306 at 315; SS Heranger (Owners) v SS Diamond (Owners) [1939] AC 94 at 101; Hicks v British Transport Commission [1958] 2 All ER 39; Balkin and Davis, Law of Torts, 2nd ed (1996) at 338, n 73 [1999] NSWCA 275 ......
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Wong Jin Fah (suing by his next friend Ho Chia Hao) v L & M Prestressing Pte Ltd and Others (Liberty Citystate Insurance Pte Ltd (formerly known as Citystate Insurance Pte Ltd) and Another, Third Parties)
...premature. One must first consider whether the plaintiff was indeed aware of the danger from falling metal formwork. The case The Heranger [1939] AC 94 established that the burden of proving contributory negligence on the plaintiff rests on the defendant(s). This may be inferred from the pl......
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2 books & journal articles
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To what extent can unmanned ships comply with COLREGs 1972 and how will the liability of such vessels be assessed?
...Conventions Act 1911, however in The Aeneas [1935] P128 it was evident a shadow of the principle was present. That was until The Heranger [1939] AC 94, which abolished the doctrine once and for all. 166 Mandaraka-Sheppard (n 127) 3.1. The burden of proof lies with the claimant to discharge ......
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Maritime Collisions
...Rep 440 at 447; Petroship B (The) , [1986] 2 Lloyd’s Rep 251 (QB); Saragossa (The) (1892), 7 Asp MLC 289 at 291 (CA); The Heranger (1938), [1939] AC 94 at 102 (HL); State of Himachal Pradesh (The) , [1985] 2 Lloyd’s Rep 573, aff’d [1987] 2 Lloyd’s Rep 97 (CA); Da Ye (The), above note 21; Wa......