Supreme Court.
4. There was no proper look-out kept on board the "Atlantic".
Those on board the “Atlantic" improperly neglected to take in due time proper measures for avoiding a collision with the "Anthes".
5.
6. The helm of the "Atlantic" was ported at an improper time.
7. The said collision, and the damages and losses consequent thereon, were occasioned by the negligent and improper navigation of those on board the "Atlantic".
for.
The plaintiff claims-
1. A declaration that he is entitled to the damage proceeded
2.
The condemnation of the defendants [and their bail] in such damage and in costs.
3. To have an account taken of such damage, with the assistance of merchants.
4. Such further or other relief as the nature of the case may require.
[CAP. 4
Dated the
day of
19
·
(Signed)
A.B., Plaintiff.
ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the Swedish barque "Atlantic", of 988 tons register, carrying a crew of nineteen hands all told, and, at the time of the circumstances hereinafter stated, bound on a voyage to Cardiff.
2. A little before 6.30 p.m. of the 31st January, 1903, the "Atlantic" was about fifteen miles S.E. by S. of the Lizard. The wind was E.N.E. The weather was hazy. The "Atlantic", under foresail, fore and main topsails, main topgallant sail, and jib, was heading about W.S.W., making from five to six knots, with her regulation lights duly exhibited and burning, and a good look-out being kept on board her.
3. In these circumstances, the red lights of two vessels were observed pretty close together, about half a mile off, and from two to three points on the starboard bow. The helm of the "Atlantic" was put to port in order to pass on the port sides of these vessels. One, however, of the vessels, which was the 'Anthes", altered her course, and exhibited her green light and caused danger of collision. The helm of the "Atlantic" was then ordered to be steadied, but before this order could be completed was put hard-a-port. The "Anthes", with her starboard side by the main rigging, struck the stem of the "Atlantic" and shortly afterwards sank, her master and four of her crew being saved by the "Atlantic".
4. Save as hereinbefore admitted, the several statements in the petition are denied.
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