Tindall and Another v Bell and Another
| Jurisdiction | England & Wales |
| Judgment Date | 08 February 1843 |
| Date | 08 February 1843 |
| Court | Exchequer |
English Reports Citation: 152 E.R. 786
EXCH. OF PLEAS.
S. C. 12 L. J. Ex. 160. Explained, The Locatus, Sw. 168. Applied, Ronneberg v. Falkland Islands Company, 1864, 17 C. B. (N. S.) 13. Not followed, Baxendale v. London, Chatkam, and Dover Railway Company, 1874, L. R. 10 Ex. 45. Dictum adopted, Mors-le-Blanch v. Wilson, 1873, L. R. 8 C. P. 227.
[228] tindall and another v. bell and another. Exch. of Pleas. Feb. 8, 1843. -In an action for running down a ship, it appeared that the plaintiff had been obliged in consequence of the injury to employ a steam-tug, the owners of which demanded ,150 for salvage, and commenced a suit in the Court of Admiralty against the plaintiff, who paid 20 into Court; the Court ultimately decreed 45 to the salvors :-Held, upon those facts, that the plaintiff was not entitled to recover the amount of the costs incurred by him in that suit.-Ramble, that the proper question for the jury in such a case is, whether, in respect to the suit far salvage, the plaintiff pursued the course which a prudent and reasonable llM.r&W. 229. TTNDALL V. BELL 787 mau would do in his own case : and that if the jury think he did, the costs of the suit may be recovered. [S. C. 12 L. J, Ex. 160. Explained, The Locatus, Sw. 168. Applied, Ronwb&rg v. Falkland Islands Company, 1864, 17 G. B. (N. S.) 13. Not followed, liuxendale v. London, Chatham, and Dover Railway Company, 1874, L. R. 10 Ex. 45. Dictum adopted, Mors-le-Blandi v. Wil&mi, IK73, L. R. 8 C. P. 227.] Case for running down a ship of the plaintiff's; alleging as special damage, that the plaintiffs were thereby obliged to engage and accept a certain steam-tug for the salvage of the said ship, and in consequence thereof were forced and obliged to pay, and necessarily did pay, !to the owners of the said steam-tug, divers large sums of money, amounting to &c., for salvage, and also a certain other large sum of money amounting to &c. for certain cost* and charges incident thereto. Plea, not guilty. At the trial before Wightman, J., at the last Bristol assizes, it appeared that one of the items in the damages claimed by the plaintiffs consisted of a sum of 124, part of which they had paid to the owners of the steam-tug as costs in a suit instituted by them against the plaintiffs for salvage in the Court of Admiralty, and the remainder of which was their own costs incurred in the defence of that suit. The owners of the steam-tug had originally demanded the...
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