SIXTY YEARS AGO Tuesday November 13, 1962

MacBrayne wins appeal: sequel to West Loch Tarbert sinking

After litigation, Messrs David MacBrayne Ltd, ship owners, has had its appeal upheld by the Court of Session that all goods carried on the ships are subject to certain conditions which absolve them from liability.

Giving judgement in its favour last Wednesday, Lord Walker reversed a decision given in the court in March when an Islay farm manager sued successfully for £480 damages, in respect of the loss of his car when the steamer Lochiel, which was carrying his car from Islay to the mainland, struck a rock in Escart Bay on October 8 1960.

The farm manager was Alexander McCutcheon, Laggan Farm, Bowmore.

In his judgement in March, Lord Walker said it was admitted by MacBrayne that the loss was due to negligent navigation.

It claimed, however, the contract of carriage was subject to certain conditions which absolved it from liability.

One condition of carriage was it was not responsible for damage to or loss of goods or property in transit as a result of neglect, errors of judgement or defaults of the master or crew of the ship.

CalMac maintained Mr McCutcheon knew all the goods carried on its ships were subject to the conditions which were frequently being brought to his attention.

The Lord Justice Clark (Lord Grant) in the leading opinion on Wednesday, said it appeared to him that both the pursuer and his agent, his brother-in-law Mr McSporran, must be held to have entered the contract of carriage in the knowledge, and on the basis that, the defendant’s conditions applied.

Because of the nature of these conditions, the pursuer’s action must fail. Lord Mackintosh and Strachan concurred.

The 603-ton steamer struck a rock in Escart Bay near West Loch Tarbert and with water pouring in below the waterline Mr McCutcheon’s car was immersed.

The Lochiel was submerged at the bows by eight feet, roughly 500 yards from the pier.

There were 100 passengers on board, as well as 40 sheep and four cows. Passengers were taken to shore by lifeboats.

Some of the sheep drowned and the mail was saturated before it was recovered. The ship was later raised.