THE "JUPITER" (NO. 1).

(1927) 28 Ll.L.Rep. 224

COURT OF APPEAL.

Before Lord Justice Bankes, Lord Justice Scrutton and Lord Justice Atkin, sitting with Rear-Admiral Cecil D. S. Raikes and Captain Selwyn M. Day, Nautical Assessors.

Collision between steamships in River Tyne -Defendant vessel in act of moving away from berth-Finding of learned Judge of insufficient time and distance for plaintiff vessel to pass in safety, bearing in mind position of defendant vessel-Negligence of defendant vessel -Davies v. Mann-Duty of plaintiff vessel to hold back-Conclusion of majority of Court of Appeal that there were continuous, contributory and concurrent acts of negligence on part of defendant vessel-Both found to blame.