THE "BASIS."

(1950) 84 Ll L Rep 306

ADMIRALTY DIVISION.

Before the Lord Merriman (President), sitting with Captain W. E. Crumplin and Captain C. St. G. Glasson, Elder Brethren of Trinity House.

Negligent navigation-Towage-Sinking of tug by tow-Overrunning-Look-out -Speeds-Tugs Toxteth and Eastham employed in towage of Norwegian steamship Basis from dock into River Mersey-Propeller of Basis fouled by tow rope from Eastham (stern tug)- Towage continued in Mersey by Toxteth (forward tug) to enable propeller to be cleared-Short scope of tow rope-Basis in ballast-Wind of gale force-Slackening of tow rope- Short blast signal (conventionally accepted on Mersey as request for tow to reduce speed) misinterpreted by officers of Basis (though understood by pilot)-Toxteth overrun by Basis, Toxteth being sunk-Master (who was also owner) and three members of crew drowned-Claims against owners of Basis by executrix of owner's estate and by others suing for lost effects. Towage-Conditions of towage-Indemnity -Sinking of tug by tow-Tug Toxteth engaged to tow Norwegian steamship Basis-Basis under time-charter to M.O.T.-Sub-charter by M.O.T. to Cunard White Star-Tugs belonging to Alexandra Towing Company normally employed by Cunard White Star for towage purposes-No such tugs available-Employment of Toxteth (belonging to Mr. Portus)-Towing contract (on Alexandra Towing Company form) signed by master of Basis-Form stamped "For time charter's (sic) account"-Applicability of towage conditions indemnifying tug against loss.