British Petroleum Company, Limited V. The Attorney-General Of Ceylon.

[PRIVY COUNCIL.]

Present: Lord Dunedin, Lord Sumner, and Lord Wrenbury.

BRITISH PETROLEUM COMPANY, LIMITED v. THE
ATTORNEY-GENERAL OF CEYLON.

183-D. C. Colombo, 953.

    Crown-'Claim against Government of Ceylon-Contract with harbour authority-Ship grounding in Colombo Harbour-Negligence of pilot-Ordinance No. 4 of 1889, S. 11.

Where damage was caused to a ship by its taking ground in the Colombo Harbour in a berth to which it had been taken by a Government pilot, and where, it appeared, that the damage "-was due to the ship being negligently moored by the pilot in a berth in which the ship would otherwise have been safe.

Held, that the action failed since, if it was based on a contract with the Government of Ceylon, it would only be a contract to provide a berth to which it was safe to go ; and if the ship was improperly moored by the pilot, the Government was exempt from liability for his negligence by section 11 of Ordinance No. 4 of 1889.

APPEAL from a judgment of the Supreme Court. The British Petroleum Company, Limited, sued the Attorney-General as representing the Government of

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