THE "KAJTUM" AND THE "OCEAN VESPER."

(1950) 84 Ll.L.Rep. 483

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Captain C. St. G. Glasson and Captain G. C. H. Noakes, Elder Brethren of Trinity House.

Collision-River-Hampering-Local by-laws - Seamanship - Look-out - Poor visibility-Excessive speed-Collision in River Mersey between steamship Harald and motor vessel Kajtum- Both vessels bound down, Kajtum having just before collision overtaken Harald on her port side-Steamship Ocean Vesper bound up on flood tide- Port helm action taken by Ocean Vesper for purpose of crossing river to enter dock-Astern action taken by Kajtum when she became aware of Ocean Vesper crossing ahead, causing Kajtum to fall off to starboard-Port helm action by Harald on hearing whistle signal of two short blasts from Ocean Vesper, erroneously thought to have been sounded by Kajtum-Impact between stem of Harald and starboard side amidships of Kajtum at right angle -Action brought by Harald against Kajtum-Counterclaim by Kajtum against Harald and Ocean Vesper- Ocean Vesper joined by Harald as second defendants-Plea by Kajtum (adopted by Harald) that Ocean Vesper was at fault in hampering their passage down river-Whether Ocean Vesper negligent in commencing and continuing her manoeuvre to cross river at material time-Mersey Docks and Harbour Board Rules, 1924, Rule 12.