Wagon Mound No. 2

Based on the same facts alleged in Wagon Mound No. 1, the owners of the two ships damaged by the fire sued the owner of the Wagon Mound. In this case, the trial judge make the following findings regarding the issue of foreseeability:

1. Reasonable people in the position of the officers of the “ Wagon Mound ” would regard furnace oil as very difficult to ignite upon water.
2. Their personal experience would probably have been that this had very rarely happened.
3. If they had given attention to the risk of fire from the spillage, they would have regarded it as a possibility, but one which could become an actuality only in very exceptional circumstances.
4. They would have considered the chances of the required exceptional circumstances happening whilst the oil remained spread on the harbour waters, as being remote.
5. I find that the occurrence of damage to the plaintiffs’ property as a result of the spillage, was not reasonably foreseeable by those for whose acts the defendant would be responsible.
6. I find that the spillage of oil was brought about by the careless conduct of persons for whose acts the defendant would be responsible.
7. I find that the spillage of oil was a cause of damage to the property of each of the plaintiffs.
8. Having regard to those findings, and because of finding (5), I hold that the claim of each of the plaintiffs, framed in negligence, fails.

The trial court rendered judgment for the defendants. The Supreme Court of New South Wales affirmed.