The "Annapolis"-The "Golden Light"-The H. M. "Hayes"
| Jurisdiction | UK Non-devolved |
| Judgment Date | 02 August 1861 |
| Date | 02 August 1861 |
| Court | Privy Council |
English Reports Citation: 167 E.R. 150
IN THE PRIVY COUNCIL.
S. C. 5 L. T. 37. Followed, The "Vandyck," 1882, 47 L. T. 695; 5 Asp. M. C. 17; affirming, 7 P. D. 42. Applied, The "Liverpool," [1893] P. 154. Considered, The "Servia," The "Corinthia," [1898] P. 36. Followed, The "Emilie Galline," [1903] P. 106. Discussed, The "Leon Blum," [1914] P. 98.
[355] in the privy council. Present-Lord Kingsdown. Lord Justice Knight Bruce Lord Justice Turner Sir Edward Ryan. the " annapolis "-the " golden light "-the H.M. 'ò hayes " July 19, 20, 21; August 2, 1861.-Salvage-Services undemanded and unaccepted, but-performed-Services rendered indirectly-17 & 18 Viet c. 104, s 460-Rights and obligations of steamer under contract to tow-Misconduct of salvors affecting right to salvage-Right of strangers to avail themselves of breach of contract.-A steamer engaged to tow is bound, notwithstanding a merely temporary accident interrupting the service and endangering the vessel towed, to complete the stipulated service with all reasonable skill and promptitude, and for so doing the steamer, if incurring no risk, is not entitled to salvage reward. Express demand or express acceptance of salvage services actually performed is not necessary to entitle to salvage reward ; but for services rendered without demand or acceptance, and indirectly onlv, no salvage is due A steamer was engaged to tow a vessel A ; in performance of the service, whilst in the River Mersey, A came in collision with another vessel, and the steamer for her own safety was obliged to let go A , A drifted with the tide upon a vessel B, and A and B then drove together , the steamer then came up and towed A to safety, and then returned and towed B (at her request), B being then in collision with a vessel C Held, that the steamei was not entitled to salvage from A, because of the contract to tow, nor from C), because the services were rendered too indirectly, but was entitled to salvage ot £100 from B, which vessel was also required to pay costs, the case being fit to be tried in a supenot Court. Quo?re, if the steamer had been guilty of negligence in fulfilling her [354] (a) The 460th section! of the " Merchant Shipping Act, 1854," (printed at length ante, p. 183) after enacting that questions of salvage arising in the United Kingdom, where the claim exceeds £200, shall, in England, be decided by the High Court of Admiralty of England, enacts that "if the claimants in such dispute do not recover in such Court of Admiralty a greater sum than £200, they shall not, unless the Court certifies that the case is a fit one to be tried in a superior Court, recover any costs, charges or expenses incurred by them in the prosecution of their claim " The 6 fe 7 Viet. c. 38, s 12, enacts, " as well the costs of defending any decree or sentence appealed from as of prosecuting any appeal, or in any manner intervening in any cause of appeal, and the costs on either side, or of any party, in the Court below, and the costs of opposing any matter which shall be referred to the said Judicial Committee, and the costs of all such issues as shall be tried by direction of the said Judicial Committee respecting any such appeal or matter, shall be paid by such party or parties, person or persons, as the said Judicial Committee shall order." LUSH.3M. THE " ANNAPOLIS "-" GOLDEN LIGHT "-"HAYES " 151 contract to tow A, and thereby had occasioned the danger to B and C, from which the steamer subsequently relieved them, could the owners of B and C take advantage of the breach of contract, to which they were strangers, to repel the steamer's claim for salvage 1 [S. C, 5 L. T. 31. Followed, The " Vandyck," 1882, 47 L. T. 695 ; 5 Asp. M. C. 17; affirming, 7 P. D. 42. Applied, The " Liverpool," [1893] P. 154. Considered, The " Serma," The " Connihia" [1898] P. 36. Followed, The " Emilie Gattine," [1903] P. 106. Discussed, The " Leon Blum," [1914] P. 98.] Salvage, These three cases were heard together in the Court of Admiralty, the learned Judge being assisted by Captain Pigott and Captain Webb, Elder Brethren of the Trinity House, and arose out of the following circumstances. On the 19th of January 1861 the steamer " Storm King " was engaged by the American ship the " Annapolis," then off the port of Liverpool, inward-bound, to tow her into the River Mersey and to dock her. The " Annapolis " was accordingly towed into the river, where she anchored of! Rock Ferry, and was obliged to wait several days before the dock was ready On the 25th of [356] January, about 7.30 A.M., the dock being then ready, the " Storm King " made fast along the port side of the " Annapolis," and proceeded with her in tow down the river towards the Waterloo Dock. Whilst so doing, and when off the King's Dock Basin, a collision became imminent between the " Annapolis " and the " Johanna Stoll," a Prussian vessel in tow of another steam-tug. The master of the " Storm King " obeyed the orders of the pilot in charge of the " Annapolis," but when the collision was inevitable, and his own vessel became in jeopardy of being crushed between the two opposing vessels, he (without orders) cast off the tow-ropes. About the same time the other steam-tug let go of the " Johanna Stoll." The " Annapolis " and the " Johanna Stoll " then came into violent collision The tide was flowing with great rapidity, and the two vessels, locked together, with the port anchor of the " Annapolis " faat in the starboaid side of the " Johanna Stoll," immediately began to drive up the river They first came in collision with a brig, " Annie " ; then clearing her, they drifted some further distance, when the " Johanna Stoll " brought up with her anchor, and separated from the " Annapolis." The " Annapolis " continued drifting, and shortly after drove upon the bows of the " Golden Light," a New Brunswick vessel of 1051 tons, which was riding by a single anchor about three-quarters of a mile from the place of the original collision, and caused her to drive also. Both vessels were entangled together, and drove up the river broadside to the tide. They approached the H M. " Hayes," an American ship of 1670 tons, also riding at single anchor, but when at a short distance from her, the " Storm King " and another steamer called the " Lioness," which had come up to the assistance of the " Annapolis," towed the " Annapolis " clear of the " Golden Light," and head to the tide. The " Storm King " continued towing the " Annapolis " for a fefw minutes, and then leaving her m charge of the " Lioness," went to the assistance of the " Golden Light." That vessel meanwhile had fouled the H.M. " Hayes," and with her had drifted to within a short distance from Her Majesty's ship " Majestic." Two small steamers had hold of the " Golden Light," but were unable to iold her ; the " Storm King " came up, and was hailed by the pilot of the " Golden Light " then to make fast; the " Storm King " accordingly did so, and the three steamers towed the " Golden Light " clear of the H.M. " Hayes," and the " Hayes " thereupon swung to her anchor The " Storm King " towed the " Golden Light " a short distance down the river to an anchorage ; and, at the request of the pilot, who was anxious on account of having one anchor only, laid by her till midnight, and then towed her into dock The " Annapolis " was towed into dock by another steamer. [357] The owners and crew of the " Storm King " instituted actions against the " Annapolis," the " Golden Light," and the H M " Hayes " for the above salvage services. The value of the " Annapolis," freight and cargo, was £23,071 ; of the " Golden Liglt," £36,000 ; of the H M. " Hayes," £47,000 ; the value of the " Storm King/' was £6000. The action againat the " Annapolis " was entered m the sum of £2000 ; against the " Golden Light," £1000; against the H.M " Hayes," £1500 ; but bail was taken m each case for the sum of £1000. An action and cross-action also arose between the owners of the " Johanna 152 " THE " ANNAPOLIS "-" GOLDEN LIGHT "-" HAYES " LUSH. 358. Stoll " and the " Annapolis " in respect of the original collision, which was tried in the Admiralty Court The Court held that the collision was wholly occasioned by the default of the pilot of the " Annapolis " ; and this fact was not disputed as between the " Storm King '' and the " Annapolis." The main question on the hearing in the Admiralty Court, was whether the " Storm King," after parting from the '' Annapolis " in the first instance, had not been gtulty of negligence in not coming earlier to her assistance, and so had occasioned all the subsequent mischief, for remedying which the owners of the " Storm King " were now seeking salvage reward The answer on behalf of the " Annapolis " pleaded, among other things,- 8. After the " Storm King " left the " Annapolis " (on the " Annapolis " coming into collision with the " Johanna Stolt ") the " Storm King " did not come to the assistance of the " Annapolis," until the latter vessel had by means of her starboard anehor and with the assistance of the '' Lioness," got clear of the " Golden Light," and was kept from further drifting. 9. On the '" Storm King " so coming to the assistance of the " Annapolis," the " Storm King " only remained about five minutes, and then left her, and never afterwards returned to her 15. It is not true, as set forth in the 10th article of the petition, that the " Annapolis " had been towed to anchor and placed in safety (i e when the '% Storm King " left her to go to the " Golden Light ") 17 Under the circumstances aforesaid, the defendants1 proctor submits,- That the " Storm King " and those on board of her rendered no salvage services to the " Annapolis " [358] That the master of the " Storm King " wilfully broke the said agreement to dock the " Annapolis," and in consequence thereof it became necessary to obtain the assistance of the said steam-tug '' Lioness," and...
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