Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "IALINE."

(1950) 84 Ll.L.Rep. 380

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher, sitting with Captain W. R. Chaplin, Elder Brother of Trinity House.

Collision-"Under way" -Anchor light exhibited by ship moored at buoy in river-Collision between auxiliary ketch Westward and motor vessel Ialine in Sea Reach, River Thames-Westward emerging from Holehaven Creek, intending to proceed down river- Ialine, moored at buoy, exhibiting all-round white anchor light-Impact between stem of Ialine and port side of Westward-Westward sunk-Plea by Westward that, properly navigating across bows of Ialine, Ialine came ahead-Evidence that Ialine had been hove up close to buoy for purpose of slipping her mooring ropes in order to get under way; that certain of her ropes had been slipped; but that she was still held close by a slip rope- Plea by Ialine that at time of collision she was lying moored with buoy abaft her stem, and that Westward was set down by tide upon Ialine's stem- Probabilities-Onus of proof-Meaning of "under way."

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