[T.4, s.1, 240/252] It is quite clear to me that laches applies in this situation . . The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. In 1994, Philadelfio C. Armijo (“Armijo”) was a sixteen-year-old special education student at Wagon Mound Public Schools (“WMPS”), in Wagon Mound, New Mexico. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio 6 Notes Morts owned and operated a dock in Sydney Harbour. This ruling overturns the Polemis concept that a defendant is responsible for […] Wagon Mound Case. A vessel was chartered by appellant. • ships (docked in the water when the fire occurred) were damaged; shipowners sue Wagon Mound • rule in WM 1 is that injury was unforeseeable and therefore WM not liable to Mort’s Dock • However, the court changes its reasoning in the second case, holding WM liable and granting the shipowners damages The Wagon Mound No.2 [1967] 1 AC 617 Privy Council The defendant's vessel, The Wagon Mound, leaked furnace oil at a Wharf in Sydney Harbour due to the failure to close a valve. Wagon Mound Case Study 2646 Words | 11 Pages. When vessel was taking fuel oil at Sydney Port, due to negligence of appellant`s servant large quantity of oil was spread on water. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Liability for negligence is limited to the damages that were foreseeable. . Facts: The issue in this case was whether or not the fire was forseeable. The" Wagon Mound" unberthed and set sail very shortly after. In a suit for damages in a tort case, the court awards pecuniary compensation to the plaintiff for the injury or damage caused to him by the wrongful act of the defendant. The case arose out of a charter partly and went to arbitration under a term of it and the first contention of the charterers was that they were protected from liability by the exception of fire in the charter party. . However, the oil was ignited when molten metal dropped from the wharf and came into contact with cotton waste floating on the water’s surface. The Patna Case 1777-1779 (with explaination)।।LEGAL HISTORY।।LLB NOTES।। - Duration: 9:51. The Court will grant the Village of Wagon Mound's Motion for Summary Judgment against the Mora Trust finding that there are no genuine issues of material fact with respect to the issue of laches. The "thin skull" rule still applies, and parties are liable for all subsequent injuries that develop as a result of the original foreseeable injury. (Wharf lit on fire by oil spilled from nearby ship.) 1961 A.C. 388. Wagon Mound was moored 600 feet from the Plaintiff’s wharf when, due the Defendant’s negligence, she discharged furnace oil into the bay causing minor injury to the Plaintiff’s property. The crew negligently allowed furnace oil to leak. Aradhya Gupta LAWVITA Recommended for you Despite the Wagon Mound test, in personal injuries the principles of imposing liability from pre-existing conditions and/or new risks created by an initial negligent injury remain intact. A large quantity of oil was spilled into the harbour. consequence of the wrongful act complained of. 1 Armijo is represented in this action by Juanita D. Chavez and Atanacio Armijo (the “Plaintiffs”), his mother and father and next friends. 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