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Lloyd's Law Reports

THE "BENRINNES."

(1946) 80 Ll.L.Rep. 159

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Tucker and Lord Justice Bucknill, sitting with Rear-Admiral K. D. W. Macpherson and Captain W. P. Townshend, Nautical Assessors.

Collision - River - Starboard-hand rule - Channel obstructed by anchored vessels - Vessel moving into fairway - Collision between motor vessel British Gratitude and steamship Benrinnes in Gravesend Reach, River Thames, in broad daylight - British Gratitude (in ballast) bound down river - S.W. gale - Anchored vessels lying wind-rode in mid-channel with their sterns to northward - British Gratitude navigated to northward of anchored vessels - Benrinnes (laden), originally at anchor down river of anchored vessels, nosing her way from behind anchored vessels to pass up river - Vessels sighted by each other - Starboarding by British Gratitude in an attempt to pass as closely as possible to sterns of anchored vessels - Porting by Benrinnes - Duty of vessels to pass port to port - Contention that it was not "safe and practicable" for deep-draughted Benrinnes to starboard - Meaning of "fairway" - Whether British Gratitude was under duty to pass to southward of anchored vessels - Look-out - Port of London River By-Laws, 1938, Rule 38.

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