Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

The Calgarth [1927]

315 words (1 pages) Case Summary

22nd Oct 2021 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

Legal Case Summary

The Calgarth [1927] P 93 Coram

Extent of a visitor to property’s rights under a licence


The Calgarth was the stern tug of a large steam ship, the Otarama, which was assisting the larger vessel in entering onto the Manchester Ship Canal. Whilst manoeuvring, the Calgarth ran aground on the bank of the entrance channel to the canal which was constructed and maintained by the Canal Company. In doing so, the Calgarth’s propeller caught a chain that was used for mooring dredgers and was attached to the bank. It was held at first instance that the channel in which the Calgarth was manoeuvring was a navigable highway and that the chain in was an obstruction to navigation, with the result that Canal Company were liable to the owners of the ship. The Canal Company appealed.


The issue in this circumstance was whether the chain attached to the bank constituted an obstruction to the navigable highway and caused a nuisance or obstruction.

Decision / Outcome

The facts in the case demonstrated that the Calgarth only caught the chain because the ship had become embedded in the bank and worked its propeller into the bank. Given that the tug was a licensee, the licence did not extend to becoming grounded, it related to the use of the navigable channel only. Therefore, the tug was outside the scope of its licence when it caught the chain and the chain could not constitute a nuisance in these circumstances. Scrutton LJ stated:

When you invite a person into your house to use the staircase, you do not invite him to slide down the bannisters, you invite him to use the staircase in the ordinary way in which it is used.

The appeal was allowed.

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles