THE "NORWALK VICTORY."
(1948) 82 Ll.L.Rep. 539
ADMIRALTY DIVISION.
Before Mr. Justice Hodson, sitting with Captain W. R. Chaplin and Captain G. C. H. Noakes, Elder Brethren of Trinity House.
Collision-River-Channel narrowed by presence of wreck-Obligation of ship navigating against tide - Defective steering gear - Inevitable accident - Collision between steamships Merganser and Norwalk Victory in River Scheldt-Merganser bound up against tide; Norwalk Victory bound down- Starboarding by Norwalk Victory to negotiate bend in river - Failure to answer helm - Breakdown of steering gear - Alleged duty to have reversed sooner and dropped anchor-Whether Merganser should have held back in accordance with local rule providing that when vessels meet near a channel or a bend in the river.
where the channel is so narrow that it would be dangerous for them to meet there, the vessel proceeding against the tide must stop her way over the ground until the vessel navigating with the tide had passed the channel . . . or the bend . . .
Alleged negligent failure by Merganser to put her engines astern - River Scheldt Rules, Art. 40 (1).
Practice-Costs-Bail-Excessive bail - Refusal by Merganser to accept bail in an amount equivalent to the statutory liability of Norwalk Victory, on ground that steering gear was defective and that there was reason to suspect fault or privity of her owners-Reasonableness -Claim by Norwalk Victory to be paid costs of excess bail refused.