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Lloyd's Law Reports


(1945) 79 Ll.L.Rep. 479


Before Lord Justice Bucknill (sitting as an additional Judge), with Captain W. R. Chaplin and Captain W. E. Crumplin, Elder Brethren of Trinity House.

Collision-Convoy-Station-keeping-Look-out -Double collision-Collision between first defendants' motor vessel Atlantic and second defendants' steamship Baltyk, followed by collision between Atlantic and plaintiffs' motor vessel Sutlej in Atlantic Ocean - Vessels in same eastward-bound convoy, with Sutlej astern of Baltyk and with Atlantic ahead of Baltyk and in column to port of her - Impact first between stem and port bow of Baltyk and starboard side of Atlantic and then between port side of Sutlej and starboard bow of Atlantic-Whether Sutlej in starboarding without any immediate reduction of speed took best action to avoid second collision. Evidence - Admissibility of sworn statements of master and other members of crew-Witnesses not available at trial- "Person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish"- No evidence of attempt to secure attendance -Evidence Act, 1938, Sect. 1 (1), (3) -Statements of crew admitted on ground that they were not interested persons and "that undue delay or expense would otherwise be caused" - Statement of master rejected on grounds that it was not shown that it was "not reasonably practicable to secure his attendance" and that the master when he made his statement was "a person interested at a time when proceedings were pending or anticipated," in that, as master of the Atlantic and in charge of her navigation before the collision between the Sutlej and the Atlantic, he might be personally liable for damage to the Sutlej caused by his negligence.

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