THE "EMPIRE OPOSSUM."

(1947) 81 Ll.L.Rep. 204

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Bucknill, and Lord Justice Somervell, sitting with Rear-Admiral K. D. W. Macpherson and Commander E. Clarke, Nautical Assessors.

Collision-Convoy-Fog-Breaking up of convoy -Approaching position for picking up pilot - Look-out - Speeds - Collision between steamships Stad Arnhem and Empire Opossum off Chebucto Head (N.S.) -Both vessels part of westbound convoy which had broken off from main body to proceed into Halifax Harbour-Fog signals of Empire Opossum heard ahead by Stad Arnhem-Engines of Stad Arnhem stopped when signals of Empire Opossum became more distinct-Vessels sighted by each other about a ship's length away, Empire Opossum seen by Stad Arnhem to he lying athwart channel-Engines of Stad Arnhem put full astern-Engines of Empire Opossum (alleged to be then "lying stopped") first put full astern and then full ahead-Impact between stem of Stad Arnhem and starboard side of Empire Opossum - Whether Empire Opossum negligent in allowing herself to get athwart channel - Empire Opossum aware that other vessels were astern of her -Evidence that Empire Opossum had arrived at place where it was known she would be expected to pick up pilot- Allegation that Stad Arnhem approached such position at excessive speed.