The Avon and Thomas Joliffe
| Jurisdiction | England & Wales |
| Judgment Date | 04 November 1890 |
| Date | 04 November 1890 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Butt, J.
The Thomas Joliffe
Collision — Damages — Tug and low
MARITIME LAW CASES. 605 ADM.] THE THOMAS JOLIFFE. [ADM. Tuesday, Nov. 4, 1890. (Before BUTT, J.) THE THOMAS JOLIFFE. (a) Collision - Damages - Tug and tow - Joint tort feasors - Contribution. In a collision action in rem, where a tug and ton are both pronounced to blame for a collision with another vessel, the owner of the loiter vassel may enforce the judgment for the whole of his damages against either or both the defendants, and the defendants are not entitled to have the decree so drawn up that half only of the total damages is recoverable from each defendant. THIS was a motion by defendants in a collision action in rem, asking the court to order the registrar to amend the decree entered therein. The action was instituted by the owners of the steamship Alaska against the owners of the steam-tug Thomas Joliffe, and against the owners of the sailing ship Avon. The collision occurred on the 25th Dec. 1889, at the entrance to the Penarth Dock, Cardiff. The Avon was at the time in tow of the Thomas Joliffe, both of which vessels collided with the Alaska, and did the damage complained of. At the trial the learned judge (Butt, J.) found the Thomas Joliffe and the Avon both to blame, and concluded his judgment with these words: "The whole accident was brought about by the improper attempt of the tug and the Avon to go in without a tug behind. I must therefore pro-nounce them both to blame." In these circumstances the following decree was drawn up by the registrar: The judge, being assisted by Captain E. P. Nisbet and Captain A. E. Barlow, two of the Elder Brethren of the Trinity Corporation, and having heard counsel on all sides, pronounced the collision in question in this action to have been occasioned by the fault or default of the master and crew of the ship Avon, and by the fault or default of the master and crew of the steam-tug Thomas Joliffe, and for plaintiffs' claim for damages in consequence thereof, and he condemned the owners of the ship Avon and their bail, and also the owners of the (a) Reported by J. P. ASPINALL 'and BUTLER Aspinalli, Esqrs., Barrister-at-Law. 606 MARITIME LAW CASES. ADM.] THE COUNTY oF DURHAM. [ADM. steam-tag Thomas Joliffe, in the Mid damages and in coats, and referred the said damages to the registrar assisted by merchants to assess the amount thereof. The plaintiffs having sought payment of the damages from...
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