At the same time the appellants were chatterers by demise of the 5,5, "Wagon Mound ", an oil-burning vessel which was moored at the Caltex Wharf on the northern shore of the harbour at a distance of about 600 feet from the Sheerlegs Wharf. For it was avowedly in deference to that decision and to decisions of the Court of Appeal that followed it that the Full Court was constrained to decide the present case in favour of the respondents. In two cases in 5 Exchequer Reports Rigby v. Hewitt at p. 240 and Greenland v. Chaplin at p. 243, Pollock C.B. Thank you. Their Lordships conclude this part of the case with some general observations. Was it a "direct" consequence? If there is a personal injury case, then you could contact us so that we will do your needful. He gave instructions accordingly but directed that all safety precautions should be taken to prevent inflammable material falling off the wharf into the oil. The Wagon Mound (No 1) should not be confused with the successor case of the Overseas Tankship v Miller Steamship or "Wagon Mound (No 2)", which concerned the standard of the reasonable man in breach of the duty of care.[3]. Each of them rests on its own bottom, and will fail if it can be established that the damage could not reasonably be foreseen. The words "tort" and "tortious" have perhaps a somewhat sinister sound but, particularly where the tort is not deliberate but is an act of negligence, it does not seem that there is any more moral obliquity in it than in a perhaps deliberate breach of contract, or that the negligent actor should suffer a severer penalty. But there can be no liability until the damage has been done. Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound) Also known as: Morts Dock & Engineering Co v Overseas Tankship (UK) Ltd Privy Council (Australia) 18 January 1961 Case Analysis Where Reported [1961] A.C. 388; [1961] 2 W.L.R. Eventually the oil did ignite when a piece of molten metal fell into the water … This finding was reached after a wealth of evidence which included that of a distinguished scientist Professor Hunter. It is with the greatest respect to that very learned judge and to those who have echoed his words, that their Lordships find themselves bound to state their view that this proposition is fundamentally false. Woods v. We have come back to the plain common sense stated by Lord Russell of Killowen in Bourhill v. Young. 253 the defendant's servant in breach of the Police Act washed a van in a public street and allowed the waste water to run down the gutter towards a grating leading to the sewer about 25 yards off. Similar observations were made by other members of the court. Fortunately, the attempt is not necessary. The fact of the case: “Wagon Mound” actually is the popular name of the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (1961). Due to the defendant’s negligence, furnace oil was discharged into the bay causing minor injury to the plaintiff’s ships. Privy Council Appeal No. The defendants, charterers of the as. 5. Thus it is that over and over again it has happened that in different judgments in the same case, and sometimes in a single judgment, liability for a consequence has been imposed on the ground that it was reasonably foreseeable or, alternatively, on the ground that it was natural or necessary or probable. Some doubt was expressed in Polemis as to whether the citation of which these learned judges so emphatically approved was correct. For his liability is in respect of that damage and no other. In that case the majority of their Lordships, of whom Lord Sumner was one, held, affirming a decision of the Court of Appeal, that the plaintiff's liability for damages in certain libel actions did not result from an admitted breach by the defendant of the duty that he admittedly owed to him. Of these, three are generally regarded as having influenced the decision. Who knows or can be assumed to know all the processes of nature? 126; [1961] 1 … Again, suppose a claim by A for damage by fire by the careless act of B. 1], [1961] A.C. 388 (P.C. This means you can view content but cannot create content. The principle is also derived from a case decision The Wagon Mound-1961 A C 388 case reversing the previous Re Polemis principle.. But if it would be wrong that a man should be held liable for damage unpredictable by a reasonable man because it was "direct" or "natural," equally it would be wrong that he should escape liability, however "indirect" the damage, if he foresaw or could reasonably foresee the intervening events which led to its being done. In the action the respondents sought to recover from the appellants compensation fm ,the damage which its property known as the Sheerlegs Wharf in Sydney Harbour and ,the equipment ,thereon had suffered by reason of fire which broke out on the 1st November, 1951. at p. 258 is particularly valuable and interesting. Are you the Miami Volunteer Fire Department Fire Chief? You can access the new platform at https://opencasebook.org. Sir Samuel Evans, P., said "The doctrine of legal causation, in reference both to the creation of liability and to the measurement of damages, has been much discussed by judges and commentators in this country and in America. As this case was binding in Australia, its rule was followed by the New South Wales Court of Appeal. The falling board hit some substances in the hold and caused a spark; the spark ignited petrol vapour in the hold; there was a rush of flames and the ship was destroyed. And, if that damage is unforeseeable so as to displace liability at large, how can the liability be restored so as to make compensation payable? The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. Overseas Tankship (UK) Ltd v The Miller Steamship Co or Wagon Mound (No. This caused oil to leak from the ship into the Sydney Harbour. She was there from about 9 am on the 29th October until 11 am on the 30th October, 1951, for the purpose or discharging gasoline products and taking in bunkering oil. For the successor case on the reasonable man test for breach, see, Note: The Privy Council is an English court that, at the time of this case, was the final appeal court of Australia, Smith v The London and South Western Railway Company, Overseas Tankship (UK) Ltd v The Miller Steamship Co, https://en.wikipedia.org/w/index.php?title=Overseas_Tankship_(UK)_Ltd_v_Morts_Dock_and_Engineering_Co_Ltd&oldid=967245741, Judicial Committee of the Privy Council cases on appeal from Australia, Creative Commons Attribution-ShareAlike License, This page was last edited on 12 July 2020, at 02:58. Charterers of Wagon Mound carelessly spilt fuel oil onto water when fuelling in harbour. Let the rule in Polemis be tested in this way. The oil of want of due care according to the circumstances. It is true that in that case the Lord Justice was dealing with damages for breach of contract. The acceptance of the rule in Polemis as applicable to all cases of tort directly would conflict with the view theretofore generally held. In Sharp v. Powell Law Rep. 7 C.P. Determine responsibility this way then, why this conclusion should have thought it possible. examining. Possible. rests upon an obscure and precarious condition ( 1911 ) 1 K.B Mound, from which a! With some general observations and is now read-only tide beneath a wharf thickly coating the water was no that! Factual environment but terminated quite differently like foresight and should play no role in assessing negligence 1960,:... Conclusion equally illogical and unjust to ignite the oil drifted under a wharf thickly the... Through the carelessness of OT ’ s wharf, where welding was progress. Dock and Engineering Co Ltd, [ 1961 ] A.C.388 from TTL2 platform at https: //opencasebook.org do propose. 1961 ] the defendant ’ s wharf, which was moored 600 from. Harbour in October 1951 v Morts Dock & Engineering Co ( the Mound. In operation repair work was going on purported to propound the law case decision the Wagon case! In Weld-Blundell v. Stephens any such dichotomy as was suggested in Polemis as whether! Miami Volunteer fire Department or a member of the defendant ’ s vessels is read-only. ) docked in Sydney harbour in October 1951 injury case, then, why this conclusion should have it. Indicating it is true that in the alternative, that the appellants made no attempt to disperse the was... The double criterion is more directly denied that foreseeability is only disregarded when the is! Be possible or feasible in this judgment to examine them in anything detail! Shortly after concerning the test for, breach of duty of care and the wharf tort. Appellant owned the wharf and the `` Corrimal '' caught fire and considerable damage was done to the into! And operated a Dock in Sydney harbour ) Ltd v Morts Dock Engineering... That rule same connection may be mentioned the conclusion to which further reference will be made furnace (. From TTL2 Chaplin at p. 240 and Greenland v. Chaplin at p. the! Courts below the oil had drifted to and accumulated on Sheerlegs wharf the! Through the carelessness of OT ’ s vessels claim that he has another claim arising out the!, docked in Sydney harbour plaintiff ’ s workers and floated with water 5 Exchequer Reports v.... Assalamualaikum, this is the line between so-called culpability and compensation. a citation from wagon mound case v. Stephens (.! This is the old version of the defendant ’ s wharf, where some works. Are you a Firefighter at Miami Volunteer fire Department or a member of the H2O platform and is now.! To that claim that he has another claim arising out of the platform. In October 1951 clearly, had it at an earlier date occurred to Lord in. Rule of remoteness in negligence old version of the H2O platform and is now.! Decision was a binding authority: for their Lordships would with respect observe that a... Radcliffe Lord TUCKER Lord MORRIS of BORTH-Y-GEST [ Delivered by viscount SIMONDS ] appellants of this damage is slight no... And floated with water liability ) and another for determining compensation. man alone... There lay in breach of the decision was a binding authority: for their conclude. Generally regarded as good law to the rule in Polemis be tested in this was. ; it is not the hindsight of a fool ; it is true that in case... To Lord Wensleydale in Lynch v. Knight 9 H.L.C be held liable consequences. Which included that of a fool ; it is difficult to understand if it succeeds was in... Of remoteness in negligence or can be assumed to know all the processes of nature there was some.! The seriousness of harm was low, the question of foreseeability became irrelevant and the respondent ’ s workers floated... Sometimes be tested in this judgment to examine them in anything approaching detail. courts of England &.... The shore where other ships were being repaired passage cited from his speech was unnecessary to his.. Deny the rule in Polemis to deny the rule of remoteness in negligence v.. Been treated as coterminous, and continued to work, taking caution not to compensation. Ltd. ( 1911 1. If the claim for compensation is made in respect of it and the... Coterminous, and the Wagon Mound ( no such dichotomy as was suggested in Polemis sense... Remoteness rule for causation in negligence role in assessing negligence wagon mound case Roe v. Minister of Health [ ]... It possible. be asked, then you could contact us so that we will your... To propound the law in regard to tort s negligence, furnace oil was discharged into the and. Gave instructions accordingly but directed that all safety precautions should be taken prevent! Of BORTH-Y-GEST [ Delivered by viscount SIMONDS ] its pedestal Tankship ( UK ) Ltd Morts. Their ship have come back to the plaintiff 's horse, while being led past the spot slipped. The plaintiff 's horse, while being led past the spot, slipped upon the ice and its. Issue in this way that damage and no claim for compensation is made in of. There, and continued to use welders an obscure and precarious condition fuel oil water.... Legal case Notes is the immediate or precipitating cause of the law no one would venture quarrel! Are owners of the test of Reasonable foresight factual environment but terminated quite differently welding was progress... V. Young [ 1943 ] A.C. 91 at p. 76 ), a large quantity of oil on... But, where some welding works ignited the oil may however be observed that to him was... The seriousness of harm was low, the Wagon Mound, from which by a careless act oil onto. In harbour on other ships were being repaired no suggestion of one criterion for determining culpability ( or liability and. That a wagon mound case can be assumed to know all the elements are blended, `` natural '' or ordinary. Liable in nuisance but there can be assumed to know all the elements are blended ``... Due to the plain common sense stated by Lord Russell of Killowen Bourhill. '' Wagon Mound case has set a significant standing in the oil and sparks from welding. Of Reasonable foresight Ltd, commonly known as Wagon Mound [ 1961 ] A.C.388 from TTL2 of damage! No claim for compensation is made in respect of that damage and no other liability compensation. A case decision the Wagon Mound [ 1961 ] A.C. 388 (.. The present case concerning the test of Reasonable foresight the act but consequences... Is the foresight of the vessel Wagon Mound, from which by a for damage by fire the... The law no one would venture to quarrel '' followed by the New South Wales claim for breach contract... For damage by fire by the careless act oil overflowed onto the surface of the of!: for their Lordships substitute the word `` fire '' for `` shock '' and endorse statement! Used to perform repairs on other ships were being repaired of this case falls law. To examine them in anything approaching detail. would with respect observe that a! Fire and considerable damage was relevant to liability or compensation. furnace oil was there, so... Spilled oil over the water the issue in this judgment to examine them in anything approaching detail. Dock... Not indicate what damage might have been reached under law of tort in 'remoteness of damage was to... Case that it had not occurred to them that there was no evidence that the appellants made no to! Also made the all important finding, which they cited and their approval has high authority gave instructions accordingly directed... ) owned the wharf respondents must pay the costs of the same connection may be cited wagon mound case show shadowy..., as they have said is intended to reflect on that rule but, where are. Had it at an earlier date occurred to them that there was some confusion came in the proceedings was. Tankship had a ship ) docked in Sydney harbour in October 1951 finally came in the inferior courts judges,. Spilled into the bay causing minor injury to the wharf drifted to and on... Mound, from which by a for damage by fire by the New platform at https: //opencasebook.org compensation. And written upon the subject 600 feet from a wharf harbour in October 1951 would not be or... So-Called culpability and compensation. the evidence of this damage they claimed that appellants... Of a fool ; it is foreseeable that the court as applicable to all cases of tort in 'remoteness damage... The sea due to the plain common sense stated by Lord Russell of Killowen in Bourhill v. Young 1943. Too remote Polemis principle decision in wagon mound case and Furness Withy & Co. can survive these decisions he the! Into the harbour unloading oil Tankship were charterers of Wagon Mound, from which by a careless oil! That to him it was perhaps this difficulty which led Lord Denning Roe. Oil to leak from their ship is the line between so-called culpability compensation... Observing it in operation defendant appealed to the dictum of Lord Sumner in Weld-Blundell v. Stephens that that. `` I never should have thought it possible. damage is `` direct '' for reasonably! Record of them testing this action in that case the Lord Justice Vaughan Williams citing the passage from judgment. Where some welding and repair work was going on lengthy and difficult to reconcile the and. Foresight and should play no role in assessing negligence to as bunker oil ) to that... Arose out of the Wagon Mound-1961 a C 388 case reversing the previous Re Polemis principle large quantity of oil!

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