Lord Shaw. -

This is an appeal from a judgment of the Full Court of the Supreme Court of Nigeria reversing, on the 8th March 1926, and by a majority, the judgment of the Divisional Court, dated the 21st December 1925. The Divisional Court had given judgment in favour of the appellants for £2,376 5s. 2d. with interest and costs.

The substance of the claim was for the value of a lighter which became a total loss in circumstances about to be mentioned. The facts are very simple Both parties are ship-owners, and according to the requirements of their trade the one is in the habit of letting lighters to the other. In June, 1925, the appellants let on hire to the respondents a lighter. There was no written agreement of hiring. Part of the agreement was that the lighter should be, as is usual, manned by two lighter-boys that is coloured labourers. The lighter was transferred on the 2nd June, and the mischance sued for occurred upon the night of the 5th June. The coloured labourers were, from the moment of the transfer, out of the control of the appellants, and subject to the orders and under the control of the defendants.

The use to which the defendants put the lighter was for the purpose o