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HADGRAFT (app.) v. HEWITT (resp.)..
573 HART v. HERWIG
63 HATHESING v. LAING
170 HENDERSON AND ANOTHER v.
THE COMPTOIR D'ESCOMPTE DE PARIS......
98 HENDRICKS V. AUSTRALIAN INSURANCE COMPANY 44 HENRY MORTON, THE
466 HERMINE, THE
380 HIBERNIA, THE..
454 HUDSON AND ANOTHER v. HILL AND ANOTHER 278
257 CARGO EX ARGOS...
6 CATHARINE CHALMERS, THE
598 CATOR V. THE GREAT WESTERN INSURANCE COM. PANY
95 CHARKIEH, THE.
121 CHASCA, THE
600 CITY OF BRUSSELS, THE...
102 City or CAMBRIDGE, THE
.193, 239 CITY OF MOBILE, THE
123 CLOVER V. ROYDON
167 C. M. PALMER, THE..
94 COBEQUID MARINE INSURANCE COMPANY, THE, v. BARTEAUX
536 COBDELIA, THE PROCEEDS OF THE
35 CORKLING v. MASSEY
18 COBY V. PATON...
302 COWAN v. THE IMPERIAL OTTOMAN BANK.. 57 C. S. BUTLER, THE (Collision, Salvage)
237 C. S. BUTLER, THE (Collision, Lights).
DANIELLS v. HARRIS
413 DANNEBROG, THE
452 DENNIS v. TOVELL
402 DE WOLF V. ARCHANGEL MARITIME BANK AND INSURANCE COMPANY
273 DIANA, THE
366 DUDGEON v. PEMBROKE
323 DUKE OF SUTHERLAND, THE...
478 DUNMORE, THE...
All the Cases Argued and Determined by the Superior Courts
[Priv: Co., JUDICIAL COMMITTEE OF THE Stevenson was ported in order to keep her out of PRIVY COUNCIL.
the way of the Bougainville, and the Bougainville Beported by J. P. ASPINALL, Esq., Barrister-at-Law,
still appearing to be standing towards the James C.
Stevenson, the helm of the James O. Stevenson was April 23 and 24, 1873. put bard a-port, and the green light of the Bou
The (Present: The Right Hons. Sir JAMES W. COLVILE,
gainville was then for the first time seen. SIR R. PHILLIMORE, Sir MONTAGUE E. Smith,
engines of the Bougainville were stopped, but a
collision occared. the stem of the Bougain. Sir R. P. COLLIER.)
ville striking the James O. Stevenson on the port TøE BOUGAINVILLE v. THE JAMES C. STEVENSON.
bow. Collision - Sailing ship - Steamer - Duty of
The main grounds of blame charged by the Lights-Regulations for preventing Collisions at owner of the James C. Stevenson against the BouSea, Articles 15 and 16.
gainville were, that the lights of the latter were When a sleamer sights a sailing vessel in the night
not so exhibited and placed as to be visible to the time at a distance of three miles, but, owing to
James O. Stevenson, and tbat she (the Bougainville) the fact that the sailing vessel's lights are not
improperly deviated from her course under & star. visible, cannot ascertain the course of the sailing
board helm. vessel, it is the duty of the steamer to slacken The case on behalf of the Bougainville was that speed and wait to ascertain that course before she was passing tbrough the Straits of Gibraltar adopting any decided manoeuvre for the purpose on a voyage from Coromandel coast to Marseilles of avoiding the sailing vessel. If the steamer on the night of the 29th March 1872, with a crew immediately on sighting the sailing vessel adopts of sixteen hands all told. At about 11:35 p.m. such a manœuvre, as by porling, and a collision of the said 29th March, the wind being west and ensue without fault on the part of the sailing by south, and the weather sqnally and obscure vessel, the steamer is alone to blame.
at times, the Bougainville was proceeding through THESE were cross appeals from an interlocutory the Straits, steering her proper course, east by degree or sentence of the Vice-Admiralty Court north by compass, with her regulation lights of Gibraltar, in a consolidated cause of damage properly placed and brightly burning, when brought by aud on behalf of the master and the the masthead light of a steamer was reported owner of the British steamship James C. Stevenson about two points on her starboard bow, and against the French barque Bougainville and her appearing to be ab three miles distant. freight, for the recovery of damages in respect of The barque proceeded on her course, and shortly losses sustained by the owner, by reason of a col. afterwards the red lights of the steamer became lision between the two vessels, and by and on visible, and she came on at right angles to her behalf of the master and the owners of the barque original course and immediately across the bows Bougainville, against the steamship James'o. of the barque by first porting and afterwards hard Stevenson and her freight to recover damages in porting her helm, and a collision thereby berespect of the same collision.
coming inevitable; the helm of the barque was pat 'The collision occured between il and 12 on hard a-starboard to deaden the force of the col. the night of 29th March 1872 in the Straits of lision, which immediately took place with tre. Gibraltar.
mendous force, the iron stem and part of the bow The case on the part of the James.C. Stevenson of the barque striking the port-bow of the steamer was that she was proceeding under steam, steering in a slanting direction, from aft to forward, about about due W., with her masthead and side lights
eleven feet abast the stem, exbibited and burning brightly, and with a fresh On the part of the owners of the Bougainville, wind blowing from the southward, when a vessel it was submitted that the evidence showed that under sail, which proved to be the Bougainville, her lights were, before and at the time of the col. was seen abead at the distance of about three lision, properly placed and brightly burning, in miles. The Bougainville was apparently approach: accordance with the maritime regulations in reing in an opposite direction, but no light could gard to the lights directed to be carried by sailing then be seen on her. The helm of the James O. vessels, and that her duty was to keep her course, VOL. II., N.S.