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Lloyd's Law Reports

THE "AUSTRALIA STAR."*

(1948) 82 Ll.L.Rep. 579

UNITED STATESCOURT OF APPEALSFOR THE SECOND CIRCUIT.

Before Circuit Judges Swan, Chase and Frank.

Collision-Crossing vessels-Stand-on ship (unlighted) under escort - Escort equipped with radar-Give-way ship also equipped with radar and showing her navigation lights - Respective duties under crossing rule-Obligation of escort - Collision between steamship Hindoo (owned by United States) and British steamship Australia Star in Caribbean Sea - Ships on crossing courses with Hindoo as stand-on ship -Hindoo escorted by PC-616 (U.S. naval craft)-Australia Star aware (by radar) of presence of Hindoo 28 minutes before collision, at distance of over 14,000 yards-Further radar readings indicating continued presence of Hindoo on narrowing bearing, last report (about 10 minutes before collision) recording Hindoo at distance of about 4000 yards-Lights of Australia Star switched on-No request by master of Australia Star for further radar reports-Green of Australia Star not recognized by Hindoo as starboard navigation light until just before collision, when Hindoo's lights switched on - PC-616 navigating on zig-zag course ahead of Hindoo and aware (by her radar) of the presence of Australia Star - Unsuccessful attempt made by PC-616 to send visual warning signal to Australia Star-Whether Australia Star, as the lighted ship, entitled to expect Hindoo (unlighted) to keep out of her way-Duty of Australia Star to make full use of her radar equipment as a means of safety-Scope of duty owed by PC-616 to Hindoo and to Australia Star-Collision Regulations, Arts. 19, 29.

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