The "Clyde"-(James Watt Master)
| Jurisdiction | England & Wales |
| Judgment Date | 08 January 1856 |
| Date | 08 January 1856 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 998
HIGH COURT OF ADMIRALTY OF ENGLAND
S. C. 5 L. T. (N. S) 240. Referred to, The "Pirro Guerrinn" v. The "Cumberland," 1860, 5 L. T 121; The "Cumberland," 1861, 5 L. T. 4965. Considered, The "Kate," [1899] P 165. Referred to, The "Racine," 1906, 22 T. L. R. 575; The "Philadelphia," [1917] P. 101.
998 thr "clyde" swab m. [23] the " clyde "-(James Watt Master). January 8,1856 -Objection to report of registrar and merchants-Collision-Total loss-Principles of estimating value-Evidence -The Court will not interfere with the report of registrar and merchants unless it is fully convinced that they are in error The principle of estimating damage is restitutio in ^nteqrum. In case of a total loss the market value of the ship just prior to the collision is what the owner is entitled to. The owner's affidavit of prime cost, unsupported by documentary proofs, is not sufficient evidence to produce legal conviction. [S. C. 5 L. T. (N. S ) 240. Referred to, The " Pino Guernm " v. The " Cumberland," 1860, 5 L. T 121 ; The " Cumberland," 1861, 5 L T. 4965. Considered, The " Kate," [1899] P 165. Referred to, The " Racine," 1906, 22 T. L. R. 575 ; The " Philadelphia," [1917] P. 101 ] This was originally a cause of collision promoted by the collier schooner " George and Eliza " against the steamer " Clyde." When the case came on for hearing, the Court, assisted by Trinity Masters, came to the conclusion that the steamer was the wrong-doer, and referred the case to the registrar and merchants to ascertain the amount of damage done. A claim was made for the schooner, amounting to 2800 which they reduced to 1830, and reported accordingly Objection was now taken to their report Addarns and Twiss appeared in objection to the report Haggard and Robinson in support of it Dr. Lushington . The present question arises in consequence of a collier schooner, named the " George and Eliza," of 125 tons registered burden, belonging to the port of Faversham, having been run down by the steam-vessel the " Clyde." When the case came on to be heard by the Court, with the assistance of Trinity Masters, it was of opinion that the " Clyde " was to blame for that collision, and, consequently, that the owner of the schooner must be recompensed for the loss he had sustained. The present question is what the loss really was which he suffered in consequence of the collision. The owner of the " George and Eliza " made a claim amounting to 2800, whicli claim was considered by the registrar and merchants, who had the benefit of having the owner before them, and also other evidence, and they reduced the claim to 1830-taking off, therefore, 970. What the Court is under the painful necessity of deciding is, whether the registrar and...
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