1929-05-29 — Page 4

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THE CHINA MAIL,

INTERESTING CASE

SHIPPING

HARBOUR MASTERS AS SHIP'S "NURSES"

ADMIRALTY COURT ACTION

SECTION.

as the

cause he was misled by inaccurate Information as to the character of the berth, and here, unfortunately, is a dispute as to the conversation which I do not happened a long time ago. want to go into an examination of the phrases. Of one thing I feel satis

When fied.

the master of the "Baltic" was told he ought to give the ship more list than at the Bayley's Wharf he must have had conveyed to

to some little extent, the damage his mind that there was less support for his vessel at Sutton's Wharf then must have been aggravated

at Bayley's. That is to say, that be water left her again with her dam-*. aged false keel, the damage to which could not rely on finding the same sort of material that his ship had had been done when she fell over.

settled down on there.

The master also spoke of hearing

I find, on the discussion as to the the smashing of timber on the occa

relative character of Bayley's and sion when the false keel was damag-

that the master Sutton's Wharves, To what extent harbour masters are ed. and, though he did not see it,

པ་

Sutton's but less mud at invested with the responsibilities of he heard it, just previous to the fall was told that there was not only leas

by water, There was a suggestion the Wharf, and at the same time he was nurses to the ships, on their burthsing over.

the defendants that some that take the ground when the tide

folse keel

Mr. Mabley said he was goes out was discussed by Mr. Justice

75

per cent. had been lost good list."

2 feet of when she got into dock, and some had told there was 18 inches or

The master did not say 0. been picked up by a tag, when Hostad. ing away. with that.

of the

Hill, in the Admiralty Court. in the any rated been lost before. Atf told "You will have to give her a

Case

26th June,

Wednesday, Wednesday, 24th July.

Tuesday, 11th Jane.

BOMBAY via Singapore, Penang, & Colombo.

SADO MARU

NEW YORK via PANAMA.

† ASUKA MARU

Thursday, 30th May.

Friday, 7th June.

Friday,

31st May. JVERPOOL via Port Said, Geneva, Marseilles.

10th June. Monday, DAKAR MARU PALCUTTA via Singapore, Penang & Rangoon,

Friday, 31st May. +AKITA MARU

SHANGHAI, KOBE & YOKOHAMA,

+ RANGOON, MARU (Moji dire et) SUWA MARU

Thursday, 6th June.

Manilay. Friday,

10th June. 14th June.

a

F.

schooner the "Baltic," which suffered at Sutton's Wharf, Sutton's Pool, Plymouth.

The Sutton, Harbour Improvement Co. was sued for damages for pat-

"Baltic" ting the

оп an improper berth.

She was both strained and SOUTH AMERICA (West Coast) via Japan, Honolulu, Los Angeles, damaged, it was said. The authority denied that the berth was unsuitable Mexico & Panamin.

or that they or their servants were GINYO MARU

negligent, and said that if there was SOUTH AMERICA (East Coast) via Singapore, Cape Town & Ports, heat, it was in the ship or in aar

WAKASA MARU

captain, says the "Journal of Com. merco

For the

owners of the schooner

Mr.

George "Baltic" appeared Langton, K.C., and Mr. Geoffrey Hutchinson, instructed by Mr. Carlile Davis, of Plymouth; and for the authority Ar. Norman Raeburn, K.C., and Mr. H. C. S. Dumas, in- structed by Messrs. Wolferstan, Snell

Plymouth and Turner,

Mr. Justice Hill said Where were of the two sets of damage-hogging keel. a

ahead of damage which stond by itseif, and various damage due to falling over when the tide left her, His Lordship went on.-I find in the damages to false keel, reports lower braces, stanchions, damage to and dock. and part, waist

the of

deck it is said other damage is mentioned; parts of the deek comming were con nected with the logging. We have therefore, dantage connected possibly with falling over, and damage sibly due

with some deck damages connected

With regard the bogging.

to the hogging, the Parties are at one, be cause, according to the plaintiffs' evi- hogging that was no ANTWERP--Via Singapore dence, there

was important, since three or four inches is completely negligible. Sunday, 9th June.

†TSUSOMA MARU

*Cargo only,

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at

any

rate

Needed a Good List

that

ก

US

water.

soft.

material at

to hogging, and possibly and it is admitted that the heracter, it was a very good berth.

FLOT

not

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but I am not cancerned What he said was, that he was told

WAS the same kind that it The falling over was the first cause Rayley's but with a little less of certain of the damage, and the It is only a question of degree, in my There was soft material in next question is whether the falling view. over was due to a breach of duty this berth as at Bayley's but not so

There was It defendants. on the part of the.

is much. proved in evidence on both sides that Bayley's into which the false keel af the "Baltic" could sink. At this the berthis, a very good berth for the steamers, trawlers, and some other berth at Sutton's Wharf it was not of types of vessels, and is constantly the same softness because, although used by steamers, and had been used the keel did sink in, as was shown by by other ships. The soft wood ships the evidence of the diver, it was not of the Baitle type from the "Baltic" the same soft material as at the other do not usually use it, and there is wharves.

Was, Master Misled ? sufficient quite

reason for

Was the master misled by these statements so that he did not do Bayley's Wharf, where they usually

Every state- e, is adjacent to the place where timber is discharged and stored. It what was necessary?

to his version and is said by the plaintiffs that though ment, according apparently this is a good berth for according to the version of the de steamers and other vessels, it is not fendants, was coupled with the warn- a good berth for any kind of ship. ing you must give a better list" or

there w "a good list," so that nothing that misled the master n It has become quite clear from the this respect. That proves that the to give a list, which I have evidence of the plaintiff and the de fallure fendants that for a ship with a flat found neessary, was a failure of the bottom to lie in that berth it is e3. master. and was negligence con- do santial that the ship should be pro-tributing to this collision, and party listed to the quay. I dare say not find it necessary, therefore, to go as to all the evidence it is necessary for all ships to have into details

As I a slight list, but for a ship like the with regard to this berth. "Baltic" "it is essential that she have already pointed out, everybody should have

a proper list to the agreed that, except for a ship of this harbour master, before the "Baitie" I am not sure it was a bad berth for was moored to Sutton's Wharf, told this particular ship, but I do

that he feel called upon to investigate that the master of the "Baltic"

matter when I have already reached of the plaint is a point upon which the plaintiffs needed a good Est.

The evidence

fuil in this, action.

At any that a list of 3 degrees was a proper must

"Baltic,

without further detailed in- rate, list for such a ship as the

vestigation. I have

to the and the defendants said 2 degrees

You conclusion that if

listed it properly was the minimum of safety.

nothing probable that No Evidence of Hogging. could not have much more than that is highly

bulwarks would have happened, and no harm no evidence or you might crush her In my view there is

But somewhere would have been done, whereas when against the wharf.

that something at all that the hogging arose on this

about 2 and 3 degrees according to improperly listed

exceedingly berth. At one time the ship was

both sides is a proper list for such a should happen became

of the probable. In the circumstances I dis- Foch, ship. damaged and was put into drydock,

Now, the

miss the action with costs. "Blic" said he gave a list of about R but was taken out again when it was sp found that she had lost the greater. DHAL

Judgment was entered accordingly. part of her false keel, and then she inches. He has previously shout half that, and he said he doubted it when was put back again on the blocks.

he went to Sutton's Wharf. By that, Whilst in drydock a hogging of seven

that he inches was observed, but that drop- he explained several timon,

trimmed. the ship so that there was sight inches more freeboard on my mind, it is just as likely that

the starboard

was there At first that that seven inches of hogging took place in drydock as in the berth,

ambiguity about the matter in my and the evidence given by mind, but it became clear in cross- Hambling that whilst she was still

sho had g

hogging of examination and re-examination, and supported three inches and not seven inches what was quite clear was that there were eight inches more freeboard on meant that the evidence called by the

the port than the starboard side, and plaintiffs of a seven inches tog was

2 good that

was what he called that the hogging to that effect was

Vessels wishing to proceed above purely temporary, and when it had

The Elder Brethren have worked Samshui should apply to British gun-

MOVEMENTS OF STEAMERS recovered tu three inches they at-

that out on the tables and ascertain-boat there for instructions.

of tached no importance at all to it,

this Notice, the 5.5. The P. & 0. 9.s. "Karmala" from There is this to be said in favoured what that is in degrees, and the

"KODS

Ying (Capt. Sinclair), the Hong Kong arrived London on May

'The C.P.S. R.M.S. "Empress of of its being consequential, or having sult is that what the master called

difference in the ship's "Kong So (Capt. Macinnes) and the 26 at 10 am. 8 inches time in

France," Capt. S. Robinson, C.B.E., developed long before the

trimmed freeboard

as the master

R.N.R., will leave here for Victoria which have question. One of the witnesses call- she was at the wharf means that Chinese vessel "San Saf Kai," all of the last been idle for

According to latest advices receiv-

and Vancouver, B.C., via Shanghai, the "Baltie" had a list of little more

week, left

Samshui for

Yesterday ed the "President Polk" is now run-

Kobe and Yokohama at noon on June than a degree, instead of 25 or evening with the intention of procced- ning on schedule. This steamer ar- degrees, as essential. With such a ing to Shit Hing if possible.

rived in Shanghai on Monday, May 5 (Wednesday). list she was very short of being safe,

The 33. Tai Ming" left for Sam- 27, and is due to sail to-day, arriv and she fell over.

shui on Monday and the s.s. "Kong ing here on Saturday, June 1 at 7 Taking these fiets into considera-Ning will in all probability sail for

her voyage a.m., and will continue tion, it seems highly probable she fell that port this evening.

VICTORIA, SEATTLE, TACOMA & VANCOUVER Via Japan Ports from ped to two or three inches. Now, to

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MELBOURNE-Vin Mauila, Brisbane

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HAIPHONG Vỉa Hoihow & Paihni

MENADO MARU

Monday, 10th June.

Tuesday, 18th June.

& Sydney.

Thursday, 6th June.

Thursday, 5th June 10 am.

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Saturday, 8th June. Sunday, 9th June.

Sunday, 2nd June 3 p.m.

Thursday, 20th June Noon.

Sunday, 9th June.

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not

master

the port side than on side.

list.

some

re-

keel, over because of the artificial and that explanation la the only the field.

to point any-

The plaintiffs cannot have caused the i

..

corne

جديد

WEST RIVER

FRESH NOTICE TO MASTER MARINERS

The following notice to mariners the Harbour Master under yesterday's date:--- was issued by

It is probable that Shiu Hing will| be aben to River steamers from to- day.

WARSHIPS HERE

SAILING DATES FOR MAY/JUNE, 1929 (Subject to change).

DEPARTURE HOURS: Hong Kong 5.30 p.m., Wachow 2.00 p.m.

S.S. "TAI HING" [1,968 tons-Capt. O. B. Wilks.]

WED. 29th MAY

31st

S.S. "TAL MING" (649 tons-Capt. G. J. Spink.) FRI.

LAY

JUNE 3rd MON.

9th SUN. FRI. 14th SUN,

JUNE.

WED.

19th

WED.

MON.

24th

TUES

5th 11th

FRI.

21st.

WED.

26th

30th

16th SUN.

Regular Service of Fast, High Glass River Steamers Having Good Ac- commodation for First Class Passengere. Electric Light and Fans in State- rooms and Saloon, The s.s. "Tai Hing" is fitted with Wireless.

These vessels leave Hong Kong for Wochow (via Samahui, Shiuhing, Takhing & Doeing) and return to Hong Kong (via. same Ports) every five days.

Fares for round trip (not including meals) $20, Meals & Wines are to be obtained on board.

Hong Kong Arrivals and Departure from. Hoi On Wharf.

For information apply to-

87. Connaught Road West, Phone: Central 893.

on Sunday, June 2 at 8 am.

ed for the plaintiff the gentleman at- Lending to the repairs, said that it could not have been done by the ship coming down on the blocks with part of her false keel missing, because in the way of the hogging the false

WRA keel was not missing and crushed. If that is sound argument it is equally sound us to the dock argument as to the berth, and shows that it was a matter that had corur-possible one that holds red long before. At any rate, it left

that in this way, the matter

hog over ship, before repairs, had a a certain length of her which was Haish imagined something hard in

evidence negligible,

Waz the bottom of the berth, and a coil it occurred. brought to show how

of rope was aubsequently discovered. and on that claim the plaintiffs fail.

I was suggested there was an exten With

the deck repairs.

The American Mail Liner "Presi- regard to

to leave dent Grant" is scheduled evidence of anything to support such the evidence of the plaintifs showed sion of a hard bank, but there was To signs of setback, and Mr.

Manila on Friday, May 31 for San an explanation, and nothing except Hambling also said he saw no signs the rope. Captain Jones thought a

Chinese Gunboats "Kwang Yuen," Francisco and Los Angeles via Hong of before she entered into dry dock

title was caused from rock at the and "Chu Tai."

Kong, Shanghai, Japan and Honolulu.

and

E

The Dollar Round-the-World Liner "President Polk" is due to sail from else that

The following are the warships in Shanghai to-day, as per schedule, and the thing

that barbour- and have not proved damsg otherwise existed.

BIF. Basin: H,M.S. "Tamar."

deck damage. It is to evidence of bottom, but it is now conceded that deck damage, the result of hogging I refer,

there never was a rock at all, and I' to which carried upwards and there was no evidence that the repeat that the only explanation of deck damage was done otherwise the fall outwards which holds the field

19 ie insufhelent list. than by the falling over. We know Who is to blame for the insufficient this, that the "Baltic," whilst ging at her barth, when the tide left her, fell over, and she was thereby dam- aged. In substance, that is what the master of the "Baltie," in cross-cx- amination, said that the damage was due to falling over. Very possibly,

-DRY DOCK-

Length 787 Feet. Length on Blocks 750 Feet.

THE TAIKOO DOCKYARD & ENGINEERING COMPANY

OF HONG KONG, LIMITED.

Wireless Call SALVAGE TUG “TAIKOO"

V.P.G.N. 600 Meters.

Tel. Address: "TAIKOODOCK.” HONG KONG.

Telephone No. 212 Central. 1 Call Flag: "C" over "ANS, PENNANT.”

Depth on Centre of

Sill (H.W.O.S.T.) 34 ft. 6 ins.

THREE SLIPWAYS Capable of Handling Ships Up

to 3,000 Tons Displacement. Electric Crane at Sea Wall, Capable of Litting 100 Tons at 70 Feet Radius.

BUTTERFIELD & SWIRE,

AGENTS.

HONG KONG, CHINA & JAPAN.

her,

hat? I have to consider the matter of whether there was anything said to mislead the master. Apart from him there is no one to consider what The is should be given the ship. harbour maater warned him he must have a good list, a greater list than at Bayley's Wharf. Tac harbour master does not know the lines of the ship, or how she would be affected by the shifting of so much cargo, and it would be improper for un to interfere, in such details. But the master of the ship does know how his ship would be affected by the movement of cargo, and he alone has! power to direct his men to carry out the work. The master complained that the harbour master ought to stand by and say "raind you give her a good list," and say "you have not got enough," or "now you are right." I think that is well apart from his duties.

He has done his duty when he has warned the ship's master to give her a good list, and left it to the ship's master to see that that is done: At 9 o'clock at night before the ship fell over the harbour master noticed, she had not got the necessary list, and it is said he ought to have interfered. I do not see the duty to interfere, but EK sufficient answer that is that it may well be that the water had so far receded that it would be a hazardous thing, the.com sequences of which he could foresee, to begin to tinker with the sbip, In my view it is not the duty of harbour masters to act as nurs 68 to ships. They must give a berth to a ship master, and warn him if neces sary, and they must take reasonable. care in all these matters, · but that

the

to

not

they are to stand by and direct, how each rope is to be put out, or how cargo is to be shifted, and enter into all the details of what is to be done, I do not recognise, A duty falling upon them.

It is said the master was put off giving the ship a sufficient list be

E. W. Basin:-H.M. S/m, £15. North Arm-HMS. "Sepoy," and "Thracian."

No. Bany:-H.M.S. "Cornwall." Foreign Men-of-War U.S.S. "Guam.” French Sloop "Bellatine."

will arrive at this port at 7 a.m. on Saturday, June 1. This creamer will continue her voyage on Sunday, June 2 at 8 am. for New York, via Manila, Straits, etc.

KWONG WING

Сол

This steamer is due here on Sunday, June 2 at 7am. and will sail at

3 a. on Tuesday, June 4.

The Dollar Liner "President Lin- coin" sailed from Kobe to-day and is scheduled to arrive in Shanghai on 31, sailing for Hong Friday, May Kong on the following day and ar riving here on Monday, June 3 p.m. She will sail for Manila on Tuesday, June 4 at 6

p.m.

The Dollar Liner "Prosident Cleve- land," from Seattle on May 18, 18 scheduled to arrive in Yokohama on day for Friday, sailing the same Shanghai via Kobe, Leaving Shang hai on Jane o, this steamer is due here on Friday afternoon. June 7, and will sail at 6 p.m. on Saturday, June 3 for Manila.

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