Captain Cook and Davey Jones

Captain Cook and Davey Jones


Action for loss of P's goods when D Shipping Company's ship went down in calm waters off Liverpool. P alleges that D's ship was not seaworthy. D generally denies. At trial, D offers evidence that Captain Cook, a sea captain with 30 years' experience, inspected every part of its ship before setting sail on it with his own family on board. P objects. What ruling and why? Is this evidence hearsay? If so, should it be admitted anyhow? If not, should it nonetheless be excluded?

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