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Mills v. Armstrong (The Bernina)

House of Lords
13 App. Cas. 1 (H.L.E. 1888)


Facts

Decedents of Mills (plaintiff) were employees on the SS Bushire. That ship collided with the SS Bernina due to the mutual negligence of the people in charge of operating each ship. Mills brought suit against Armstrong (defendant), operator of the Bernina. At trial, the trial judge imputed contributory negligence to the decedents and barred their recovery. The court of appeals reversed this decision, and Armstrong appealed to the House of Lords.

Rule of Law

Issue

Holding and Reasoning (Lord Herschell)

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