CO129-325 - Public Offices & Others - 1904 — Page 593

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"help thinking that the criticism, which my learned brother expressed just now, really sums up the whole case. The Court below treated the matter as if the captain was in charge himself, and as if there was no such advice available as that of the pilot. I confess I am quite unable to take that view. It appears to me that the captain was quite right in allowing the ship to be guided by the advice and under the direction of the pilot. I am, therefore, of opinion that the Court below was mistaken in suspending the captain's certificate, and it should be restored to him."

Mr Justice Barnes:

"When you start on that basis, and start also, as this vessel did, from a known spot, I think the captain was quite justified in assuming that the pilot had ample data for knowing his position and for taking the ship in, and in not himself studying upon his chart whether the pilot was taking him rightly or wrongly. Then the captain is blamed for getting her ashore, and I cannot help thinking that the remark I made was justified, that, having found the facts as stated, blame is put upon the captain for navigating the ship, just as if it had no pilot on board at all. I think the captain, on the facts of the case, was justified in relying upon what the pilot was doing, and not himself taking soundings. I think the certificate was wrongly suspended, and ought to be returned to the captain."

Also in other cases tried in the High Court of Justice in this country.