H. M. S. "Swallow"-(J. N. King, Commander)
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1856 |
| Date | 24 January 1856 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 1002
HIGH COURT OF ADMIRALTY OF ENGLAND
Explained, The "Leda," 1863, Br. & L 25. Referred to, The "Thomas A. Scott," 1864, 10 L T 726.
H.MJ3. " swallow "-(J. N. King, Commander) January 24, 1856 -Collision- Practice-Costs against Queen's ship.-The Court of Admiralty cannot take any notice of what took place at a Court of Enquiry in deciding who is the party to blame in case of collision Costs wdl be given against a Queen's ship when pronounced in fault [Explained, The " Leda," 1863, Br. & L 25. Eeferred to, The " Thomas A. Scott," 1864, 10 L T 726.] This was an action brought by the brig " Leila " against Mr King, the officer in command of Her Majesty's ship " Swallow," to obtain compensation for the loss arising from a collision between these two vessels, at 12 30 a.m on the 25th June 1854, off the Isle of Wight An appearance was given for Mr. King by direction of the Lords of the Admiralty The " Leila," coal-laden, was bound to Cadiz ; the " Swallow *' was proceeding from Milford to Portsmouth, for the purpose of taking in her engines. The " Leila," it appeared, was close hauled on the starboard tack ; the " Swallow " was running right before the wind. The night was foggy, and on the " Leila " descrying the " Swallow," [31] from her starboard bow, making directly for her, she exhibited a lantern, and a fog-horn was loudly blown. The light was answered by the " Swallow," and her helm slightly ported. The " Leila " kept close to the wind until the last moment, when in order to ease the blow, her helm was put hard a-port, and her head sheets let fly. The " Swallow " in her defence alleged that on descrying the '' Leila ' she put her helm hard a-port, that the fog was so thick that the two vessels could not see each other in time to avoid the collision, which was the result of inevitable accident The Court was assisted by Captains Weller and Pigott. Jenner and Deane were heard for the " Leila." The Queen's Advocate and the Admiralty Advocate for the " Swallow." Dr. Lushington, addressing the elder brethren, said .-Gentlemen, in one respect I entirely concur in the observation of Her Majesty's advocate, that this case has been very unfortunately conducted on the part of those proceeding, for I consider it to be utterly useless, and not only useless but injurious, to introduce into an act on petition statements of what took place in a Court of Enquiry, which never by rational...
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