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.