1929-06-15 — Page 4

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SHIPPING

MONKSVILLE & HERCULANEUM COLLISION

RECENT JUDGMENT

should have the

One of these judgments which attention of every navigator is the judgment of Lord Justice Serutton in the Appeal Court,

on the stand-on rule in the case of the "Monks- twa Liverpool vessels,

ville" and the "Herculaneum."

Lord Justice Scrutton's judgment in the Orduns, on the same matter, in 1919, is frequently elted in the Ad-

SECTION.

must be a small margin allowed in for computing, the precise moment error of judgment in the agony of collision.

In the case assumed the give-way vesel is doing wrong, and keeps on and it a particular doing wrong,

point you have to make up your

•·mind that if she suddenly repants and takes to doing right she cannot avoid a collision. That must be ex- and the the time had arrived when he ought tremely difficult to decide, to do something other than keep his stand-on ship does not know why the course and speed. He puts it and other vessel is breaking the rule.

asked I think the Judge has accepted it Following the usual course, we have as being when the "Monksville" was tion:- about 250 ft. from him, a little more than a

Our Bssebrork

this

ques Assamo the "Herculaneum'a" course of his ship's longth was south-west and she WHE the The atthe Herculaneum"

stand-on ahip, and that she altered. then made was this, She was a

At that time could "Monkeville."

the handy and really powerful tag, and speed only about 250 feet from the

captain ordered what he called

the

have avoided "Monksville" fan full speed ahead, and be very collision by any action on her part, nearly got past the "Monksville."

the the "Herculaneum keeping course The Herculaneum was hit by the and speed? They answer, "Yes."

Monksville" within 15 ft. of her stern and it was a very near thing that

Now, the case was tried before

Président and the

the

It follows from that answer not acted loo the "Herculane"

the Elder Elder late, as the judge and

Brethren seemed to have thought, but

miralty Court, and case of the "Her | Brethren, and the invented fletitious that she acted too soon, But I am

culaneum will now be cited beside it to reinforce it, because the new case deals apeetfically with the notion which will insinuate itself that in law there must be a time for the stand- cn ship to act earlier than the late the rule seems to period to which

case of the "Monksville! was put for ward. The Fresident disbelieved it, quite clear that if she acted too soon, 22 it is a small matter an eleventh and found that the course the tug Was going was the course she alleg of a second, to use a phrase used in ed. And then, consulting the Elder argument and that one cannot count as a breach of the rule that in Brethren and purporting to state

point, and the interest of the judgrachksville,"

ment in the Appeal Court is just in this fact that the Court has n dealt with a case where Judge and Elder Brethren in the Court below said the stand-on ship, the "Her- should have acted soon- culaneum,"

she was 81. Because she did not found a fourth to blame for the col- lision. From this she appealed, and there was a cross appeal by the "Monksville."

the

what they advised him, the President the agony of collision and the diffi- made a "It is said that an ap-culty caused by the wrong action of saya this:

this small "ship seeing the position of the "Monksville" she has

fraction of the "Hor- mistake in the culaneum" did, as she approached to time.

The case does not seem to stop a point where these vessels would

there, because the note to the rule. cross, there waЯ a serious

that that is no.

23

whether the

to those on board the "Herm" is based on the assumption that the I have give way ship does repent and en- that something was wrong.

deavours to avoid the stand-on ship. discussed that matter with the Eldor What is to happen if the give-way Brethren and they take thship never repents, does not do any

They say that nothing to avoid the collision, but just vessel coming down there, in keeps straight on, continuing to

the regard to position in which the break the rule? The Presdient's judgment in

the It appears to me that in that case "Monksville" on a Admiralty Court was reported in "Monksville" was, and seeing

which re- bearing whi

consider to Juaraal of Commerce an Deine Vura

the same as the you have practically cember 29. There is no need to quote from it, as its principal effect two vessels approached each other, action the stand-on ship did take in has been indicated, and the circum-the "Herculaneum" had warning for altering course and speed has any- substantial time and special action thing to do with the subsequent col- lision, or whether the subsequent Stances are sufficiently set out in

their part was required.

happened any. The collision would have Lord Justice Scrutton's comparatively

view they take is that they had how through the action of the give- which we giva in

warning

the short judgment,

soon after full below.

culaneum"

had passed the Lower way ship, keeping ou, whether stand- had not altered course on ship had or The collision occurred in Swansen Bay on October 14. last, the "Monks Fairway Buoy, and from that time and speed. From that point of view onwards the Elder Brethren advise ville" coming in to the Mumbles and

me that those in charge, the master we the "Herculaneum" going on west. The "Herculaneum" was erdesing the of the "Herculaneum," had upon him: responsibility for dealing with the "Monksville's" head from the star-

situation out of which trouble might board.

Counsel for the "Herculaneum," as appellant, were Mr. C. R. Dunlop, Mr. R. H. Balloch (in K.C., and

by Messrs. Hill, Dickinson structed and Co., Liverpool), and for the "Monkaville," Mr. Lewis Koad and Mr. R. Adams (instructed by Messrs. Charles Lightbound and Co.. pool),

to

Liver-

on

ensue.

ΟΙ

SATURDAY, JUNE 15, 1929,

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Noor June 26th, 1929. GREATEST

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BRITISH WUCHOW LINE

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

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

S.S. TAI MING" [649 tons Capt. G. J. Spink.] JUNE.

have asked the Assessors a second question:

If you say yes (and they have), took no action if the "Monksville" at or after that paint would the col- lision have happened whether the Now the Lowa Fairway Buoy,

"Herculaneum" altered or not?

Blame on Monksville" which the judge said was the point

Wês," tell The assessors at which this change in the respon

took

Under these circumstances, it seems sibility of the "Herculaneum

to me that the whole blame of the piace, is nearly two miles from the I confess I an

the "Monksville". place of collision. startled to

hear that the stand-on collision is

She did not keep a good lookout. ship has the responsib the place of

of acting she never saw the tug until the last collision. Two miles, with bouts go- minute of the whole time, her ing eight to nine miles an hour, course and speed the whole time, in- seems to be ample time for the stead of making any attempt to get

Under these circumstances, con- Regular Service of Fast, High Class River Stenmars Having Good Ac- commodation for First Class Passengers. Electric Light and Fans in State- most erring of give-way ships to re-out of the way of the stand-en ship. pent of its error and take the course sidering the fast that the bug wat

a little too early in altering speed, rooms and Salova. The es. "Tai Hing is fitted with Wireless.

of These vessels leave Hong Kong for Wachow. (via Samshui, Shiublog. necessary to avoid collision.

I am not sure that either

but coupling with that the findingTakhing & Desing) and return to Hong Kong (via same Ports) avery Ave Brethren

President the

the assessOTE,

entirely (which Elder means more than this: If

If you (the

agree with) that it made would stand-on ship) are watching the give-ence to the collision

some two miles

from

OF

the

The "Monksville" was trying a tract the attention of the lighthouse people by Morse signal flashes, and Mr. Noad urged the point that where give-way nautical manoeuvre which the other vessel should be aware, the give-way ship was entitled even manoeuvre complete the

it meant a departure from the though strict rules

Interesting Point Lord Justice Strution, in altering way ship, the longer she keeps or have happened whether

same bearing with you the more speed or not if the "Monksville" should watch her and came straight on), I come to the the judgment of the court below by closely you

on the consider what you are going to de conclusion that, so far as the judg wiping out "Herculaneum," said:-This appeal ultimately, because she is not at the

ment imputes any blame to the tug, as the bearings it should be set aside, and that judg

Bay and

the blame pul

the

steam tug romain the

S.S. TAI HING" (1,068 tons-Capt. O. B. Wilks.]

JUNE. WED. 19th SUN, MON. 24th

30th

SUN, FRI.

16th 21st

WED.

26th

differ-days.

Fares for round trip (not including meals) $20 Bfeals & Wines are (which

she altered to be obtained on board,"

Hong Kong Arrivals and Deparborce from Hol On Wharf.

was going out of Swansea ford of acting is then put on the stand. Justice Sankey both agreed, and Lord

the

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on ship, I cannot agree with it,

Justice Scratton said: The cross-

and

usual

consequences, and judgment It seems to me to be contrary to all appeal is also dismissed, with the ***Her- for the be entered

taken at

PASSENGER LIST

ARRIVALS.

raises an interesting point. The col- time (and 30 taking steps to ent should be for the tug, and, of lision was between the "Herculaneum" which is a tug which keep clear of you. But if this judg- course, they must have the costs of

in Swansea ment means that if you see the plics for hire

the appeal and the whole of the cists regularly the

ship not below. the give-way neighbourhood, and bearings of

Lord and which on the occasion

in question altering, and you are still two miles

Lord Justice Greer Bay by from the crossing point, the burden dredged channel to: Haven to do a job for the Govern ment, and

was steering across Swan

that have been decided. the cases

god will sea Bay on the course one would ex- pect a tug of its class to be steer Later in the judgment the Elder

'culaneum," ing. It was going to Milford Haven. Brethren zeem to have made an ob who says: the judge about south-west leading servation to which is from the buoy in the channel to the "The point involved is not the fm- the time The other mediate action hall buoy on

on the shore, vessel was going in to the Mumbles when it was taken, just before the

course ม

cullision." Lightship for orders on

Rights and Wrongs of the Case probably to the west of north. Ap-

⚫ When one turna to the rules, as. proaching the Mumbles Lightship, the

finally, in order to: see one must

Per ss. "Atruta Maru" from Japan attention of those on her bridge was

where the rights and wrongs of the via Shanghai, June 14:- obviously directed to trying to catch the attention of the lightship keep

Shizuya Saito Shingo Watanabe, case lie, I think the most convenient way of expressing myself is by read- Mr. and Mrs. Tatsuo Fujimori, son

the

Fajita, ing what I said in case of the

Reizo daughter, and them in order that the "Monksville"

Tsumetaro Morimoto, R. Sutherland, might ascertain whether the lightship Orduna (1919, p. 981). In that case,

If there which was affirmed by the House of A. C. Savage, Johnson Chan, Lee So- orders for were no orders the "Manksville" was Lords; I said this; "There are three hung, Kenneth D. Fairfax, Bugustea appatently going to anchor in the rules concerned when two steam ves-Thomas Munday: Ma. Gat-mal, Loo regular anchorage in Mumbles-roads seis are crossing as to involve the Fook, Ko Abe, Miyoji Takazawa, quite clear the judge risk of collision; the vessel which has Fritz Maier, Ga Teck-soo, Kwok think it

on her starboard side Kha-tiang, C. S. Fong, and Tang To- found and I entirely accept his the other Anding that the "Monksville" never should keep out of the way; where bun.

is to keep saw the "Herculaneum until the last one of the two vessels

think, see the out of the way, the other should keep minute. They did, green light of a pilot boat which was her course and speed; and every vos- knocking

about somewhere in hsel which is directed by the rules to of another ves. owing nighbourhood, but

to their keep out of the way to catch sel, should, if the circumstances ad- concentration on attempts the attention of the Mumbles

avoid crossing ahead of the never saw

other. I entirely agree, and wish to ship they.

emphasise, if it were necessary, the importance of these rules being strictly observed. The position of ships crossing with a risk of coll- sion is a difficult one. It has been thought right to tell one of the skips to keep her course and speed and the other ship to keep out of the way. The give-way ship can act with mrch greater certainty if she knows

Wednesday, 19th June.

Saturday, 20th July.

Saturday, 18th June. Saturday, 29th June.

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the mit B

On the two courses on which the vessels were approaching there is no doubt that the Monksville" was the give-way ship. and the "Her culaneum was the stand-on

ship,

and the Monksville" ought to have made such alterations in her course and speed as to keep clear of the Her "Herculaneum," and the

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cuisnoum" was entitled to keep her that the stand on ship is going to ELLERMAN &

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Unfortunately, it did not suit Colombo, Suez and Port Buid. ALTAI MABUH

Friday, 12th July.

those on board the "Monkeville to hava themselves trested as the give way ship. So they invented a story was really that the "Herculaneum” going somewhere to the east, so that the two boats (if their courses had been continued) would pass green to

that green; and their tale was.. the last moment the "Herculaneun" suddenly shut in her green and show ed her red without giving whistle signals, and that afterwards the cul-

happened.

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Thursday, 27th June 10 am.

Sunday, 23rd June. Tuesday, 9th July. Friday, 12th July.

23rd June, 8m. Sunday, 16th Jme 3pm.

manda və 20th June Hoon-

14th July AKA BHOSEN KALHA

culanoum was going, it was ridicul

de exactly what she is doing when scan. If the stand-on ship acts toe soon she may, easily put the give. way ship in a great difficulty; and, hard as it is, she ought to keep her course and speed until the last pos Lentirely agree as ta sible moment. that."

When one looks at the rules, one finds no addendum to Article 21 what is called a note, which is part of the rule: "When, in conrequence of weather or other cause, such ver- selfinds herself so close that a col- lision cannot be avoided by the ac tion of the

be give way vessel alote, best le

That, in my view, mils on a stand- difficult burden. ous to suggest that she was going on ship this very anywhere to the east. That in not-You must keep your course and the way to Milford Haven, and the speed until you are satisfied that no- course she said she was taking was nothing the other vessel will do can the obvious course which she word avoid a collision, and then you have Lake for Milford Haven

the duty to take such action as best aid to avert collision. If that the Not seeing the "Herculaneum"

kept har coarse

in the obligation, the view obscurely

Monksvillegerculaneum watched expressed

speed.

bar and her bearing did not alter Fagree will the view which I Male pressed in the dao gode meat, that when a stand-in ship

glys way ahip, and he inge do not alter the stand-on

Keep Wake because must

ship to not

Lates Speed

going to kier, the

At & certain stage the captain of the tat came to the conclusion that

mil

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9th August,

.. AMERICAN & MANCHURIAN LINE

ANDREW WEIR &

ALSO AGENTS FOR

SERVICES TO

BALTIMORE

BOSTON, NEW YORK, PHILADELPHIA &

SS. LARCHBANK"

MAURITIUS & SOUTH AFRICA zed in the judgment that that

two

time e may arise when you are miles away from the place of son must be arroneous Obviously when you are two miles from the place of collision, the give-aYL-VER- avert the Collision, the sel can easily

ther doing nothing but keeping har toursa

врем

An I have said, I think it very dimouk barden to put on the stand-on ship and in my view ther

15th July.

9th August. .10th September.

CO.

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