THE "EMPIRE BYRON."

(1943) 77 Ll L Rep 117

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher, sitting with Captain W. E. Chaplin and Captain C. St. George Glasson, Elder Brethren of Trinity House.

Collision-Convoy-Alteration of course-Lookout -Collision between steamships Saltwick and Empire Byron off east coast of Scotland-Ships in same north-bound convoy-Under orders to alter course to port at turning buoy upon signal being given by commodore ship, each ship to follow next ahead-Poor visibility-Ships out of position-Porting by Saltwick at buoy before executive signal from commodore ship, followed by hard-a-port helm action (whistle then being sounded by her) when she became aware of another ship closing on her starboard beam-Empire Byron then seen on port beam-Hard-a-starboarding by Saltwick, engines shortly afterwards being stopped and later put full astern-Empire Byron, under port helm, after approaching buoy with another ship on port beam, made aware of Saltwick when she (the Saltwick) sounded whistle on taking hard-a-port helm action -Impact between port bow of Saltwick and starboard quarter of Empire Byron- Whether Saltwick negligent (1) in first porting without signalling; (2) in porting before executive signal from commodore ship.

-Consequential damage-Decision of master of Saltwick after collision to take refuge in Peterhead Bay-Ship anchored inside breakwater under directions of local pilot and harbour-master- Squally weather-Anchors dragged, ship stranding on rocky shore, suffering further damage and necessitating salvage services -Whether master of Saltwick acted unreasonably (a) in putting into Peterhead Bay, which was an unsuitable anchorage, when other suitable ports were accessible; (b) in failing to leave Peterhead Bay when he became, or should have become, aware that the anchorage there was unsuitable; (c) in failing to pay out further anchor cable as the weather deteriorated.