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.