IN RE: TELENA
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Harington, J -
(1.) You must show that the ship has, in maritime language, done the damage. And some authority must be shown that the damage as caused in the present case entitled the parties to proceed in rem.
(2.) I submit that the words "damage done by a ship" mean the damage done by any negligent act or behaviour of those in charge of the ship; and, inasmuch as the damage in the present case has been occasioned by a negligent act on the part of the crew of the Telena, namely, the discharge of a large quantity of oil in the dock, I am entitled to a warrant for her arrest. Harington , J.
(3.) Can you cite any case where a warrant of arrest was issued when the injury was not directly caused by the ship or her crew?;
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