Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "BERWICKSHIRE."

(1946) 80 Ll.L.Rep. 644

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher, sitting with Captain A. S. Mackay and Captain T. L. Owen, Elder Brethren of Trinity House.

Collision - Look-out - Lights - Inevitable accident - Collision between plaintiffs' sailing vessel Anne de Bretagne and defendants' steamship Berwickshire in Atlantic Ocean - Anne de Bretagne, exhibiting her regulation side lights, on an easterly course; Berwickshire, without lights, on a southerly course - Vessels sighted by each other at distance of about 100 yards - Points of impact in dispute - Anne de Bretagne so severely damaged that she had to be sunk - Plea by Berwickshire that collision was due to inevitable accident - Failure by Berwickshire to see lights of Anne de Bretagne sooner alleged to be due to intervening heavy swell.

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