Supreme Court.
2. The wind at such time was about south-west, the weather was a little hazy and occasionally slightly thick, and the "Sarpedon" was under steam and sail, steering north-east, and proceeding at the rate of about ten knots. Her proper regulation mast-head and side lights were duly exhibited and burning brightly, and a good look-out was being kept.
3. At such time the mast-head and red lights of a steam vessel, which proved to be the above-named vessel "Julia David" were seen at the distance of about two miles from and ahead of the "Sarpedon", but a little on her port bow. The helm of the "Sarpedon" was ported and hard-a-ported, but the "Julia David" opened her green light to the "Sarpedon", and, although the engines of the "Sarpedon" were immediately stopped and her steam-whistle was blown, the "Julia David" with her stem struck the "Sarpedon" on her port side, abreast of her red light, and did her so much damage that her master and crew were compelled to abandon her, and she was lost with her cargo. The "Julia David" went away without rendering assistance to those on board the "Sarpedon", and without answering signals which were made by them for assistance.
4. Those on board the "Julia David" neglected to keep a proper look-out.
5. Those on board the "Julia David" neglected to duly port the helm of the "Julia David."
6. The helm of the "Julia David" was improperly starboarded.
7. The "Julia David" did not duly observe and comply with the provisions of Article 16 of the Regulations for Preventing Collisions at Sea.
8. The said collision was occasioned by the improper and negligent navigation of the "Julia David".
The plaintiffs claim-
1. A declaration that they are entitled to the damage proceeded for, and the condemnation of the said steamship "Julia David" and the defendants therein, and in costs.
2. To have an account taken of such damage, with the assistance of merchants.
3. Such further and other relief as the nature of the case may require.
[CAP. 4
Dated the
day of
19
1
(Signed)
A.B., etc., Plaintiffs.
ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the Belgian screw steamship "Julia David", of about 1,274 tons register, and worked by engines of 140 horse-power nominal, with a crew of thirty hands, which left Havre on the 2nd September, 1905, with a general cargo, bound to Alicante and other ports in the Mediterranean.
Page 303
:
Supreme Court.
2. The wind at such time was about south-west, the weather was a little hazy and occasionally slightly thick, and the "Sarpedon" was under steam and sail, steering north-east, and proceeding at the rate of about ten knots. Her proper regulation mâst-head and side lights were duly exhibited and burning brightly, and a good look- out was being kept.
3. At such time the mast-head and red lights of a steam vessel, which proved to be the above-named vessel "Julia David" were seen at the distance of about two miles from and ahead of the "Sarpedon", but a little on her port bow. The helm of the "Sar- pedon" was ported and hard-a-ported, but the "Julia David" opened her green light to the "Sarpedon", and, although the engines of the "Sarpedon" were immediately stopped and her steam-whistle was blown, the "Julia David" with her stem struck the "Sarpedon" on her port side, abreast of her red light, and did her so much damage that her master and crew were compelled to abandon her, and she was lost with her cargo. The "Julia David" went away without rendering assistance to those on board the "Sarpedon", and without answering signals which were made by them for assistance.
4. Those on board the "Julia David' neglected to keep a proper look-out.
5. Those on board the "Julia David" neglected to duly port the helm of the "Julia David."
6. The helm of the "Julia David" was improperly starboarded.
7. The "Julia David" did not duly observe and comply with the provisions of Article 16 of the Regulations for Preventing Col- lisions at Sea.
8. The said collision was occasioned by the improper and negligent navigation of the "Julia David”.
The plaintiffs claim-
1. A declaration that they are entitled to the damage proceed- ed for, and the condemnation of the said steamship "Julia David" and the defendants therein, and in costs.
2. To have an account taken of such damage, with the assis- tance of merchants.
3. Such further and other relief as the nature of the case may require.
[CAP. 4
Dated the
day of
19
1
(Signed)
A.B., etc., Plaintiffs.
ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1. The defendants are the owners of the Belgian screw steam- ship "Julia David", of about 1,274 tons register, and worked by engines of 140 horse-power nominal, with a crew of thirty hands, which left Havre on the 2nd September, 1905, with a general cargo, bound to Alicante and other ports in the Mediterranean.
303
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