Nugent v Smith (1876) 1 CPD 423
Citation:Nugent v Smith (1876) 1 CPD 423
Rule of thumb:What happens if the weather at sea is bad and property being carried is damaged – should the ship take remedial measures to salvage the property? It is expected that some remedial measures should be taken, but in some instances, such as this one it was impossible to salvage the goods being delivered.
Judgment:
“… if the jury had found that the injury was caused solely by the conduct of the mare herself by reason of fright and consequent struggling, without any negligence on the part of the defendant’s servants , I am of opinion that a plea that the injury to the mare was caused by the vice of the mare herself would have been proved.” Mellish LJ (p 439)
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.