THE "JERNLAND."

(1943) 75 Ll.L.Rep. 141

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Lord Macmillan, Lord Wright, Lord Romer and Lord Porter, sitting with Admiral Nunn and Captain C. St. G. Glasson, Nautical Assessors.

Collision-Convoy-Lights-Crossing courses -Collision between steamship Winga, in northbound convoy, and Norwegian steamship Jernland, in southbound convoy, in North Sea-Winga showing dimmed navigation lights; Jernland showing only screened stern light-Green of Winga opened on port bow of Jernland-Course and speed kept by Jernland-Port helm action taken by Winga without reducing speed-Lights not switched on by Jernland- Contact between stem of Jernland and starboard side of Winga at about right angle - Winga sunk-Appeal by Winga against order of C.A. (MacKinnon and Goddard, L.JJ., Scott, L.J., dissenting) varying order of Bucknill, J. (who found both vessels to blame and apportioned that blame as to two-thirds to the Winga and one-third to the Jernland) and finding the Winga alone to blame- Liability of Winga not disputed-Jernland admittedly negligent in failing to switch on her lights-Whether that negligence contributed to the collision-Onus of proof -Duty to show navigation lights-Meaning of "navigation lights"-Navigation and Anchor Lights Order, 1939.