THE "EDAM."

(1947) 81 Ll.L.Rep. 187

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Commodore A. S. Mackay and Captain G. Curteis, Elder Brethren of Trinity House.

Collision - Anchored vessel - Fog - Ships in process of making up convoy formation- Collision in approaches to New York Harbour between motor vessel Rippingham Grange and steamship Edam - Ships in single line outward bound down swept channel with Rippingham Grange (commodore ship) next ahead of Edam-Convoy still under command of naval shore authorities, communications from commodore ship to rest of convoy ships having to be made by wireless signal via naval authorities- Ships under instructions to listen in on their wireless sets on certain wave length -Descent of fog-Rippingham Grange anchored with assent of commodore - Failure by commodore to communicate to naval authorities decision to anchor owing to defect in wireless transmitter on board Rippingham Grange-Way of Rippingham Grange run off, ship being swung head to tide and anchored just outside swept channel on a heading athwart convoy course - Anchor lights exhibited and bell sounded at regulation intervals- Bearing of fog signals of Edam indicating that she was approaching on port side- Bell rung continuously and fog signals (for ships under way) sounded by Rippingham Grange-Engines of Edam stopped and later put full astern-Helm starboarded and later hard-a-starboarded - Impact between stem of Edam and port side aft of Rippingham Grange - Prima facie responsibility of Edam-Alleged negligence of Rippingham Grange in anchoring without obtaining sanction of naval authorities; in failing to warn rest of convoy of her intention to anchor; in failing to maintain wireless transmitter in serviceable condition; in anchoring where she did, and athwart the convoy course; and in sounding misleading signals - Whether Edam negligent in failing to take sufficient, or sufficiently early, steps to take off her way and in taking violent helm action before the position and course of the Rippingham Grange was identified.