The "Flying Fish."
| Jurisdiction | England & Wales |
| Judgment Date | 08 March 1865 |
| Date | 08 March 1865 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 434
HIGH COURT OF ADMIRALTY
S C 3 Moore, P C (N. S) 77; 16 E R 29 Considered, The "Generous," 1868, L. R. 2 Ad & Ecc. 63 Referred to, The "Thuringia," 1872, 41 L T (Adm.) 47. Explained, the "Kingsway," [1918] p 352.
[436] in the privy council Present-Lord Chelrnsford. Lord Justice Knight Bruce Lord Justice Turner the " flyino fish " March 8, 1865 -Collision-Appeal from registrar's report of damages-Fresh evidence-Rule of consequential damages -The rules of 1859 do not abridge the discretion of the Judge of ttie Admiralty Court to admit fresh evidence on an appeal from a report of the registrar ; but such discretion is to be exercised with great caution, and with a careful regard to the peculiar circumstances of each case. Upon a decree pronouncing generally for damages occaaioned by a collision, ami ordering a, leference to the registrar to assess the amount, the defendant is not liable for such damages as might have been avoided by the exercise of ordinary nautical skill and diligence after the collision on the part of the servants of the plaintiffs in charge of their ship. If upon such BR.4sL.445. TBE " FLYING PISH" 435 reference the plaintiffs present a case of immediate partial damage resulting in the total loss of their ship, and no evidence is given on either side of the pecuniary extent of such partial damage, and the registrar is of opinion that the plaintiffs are not entitled to recover the total loss upon the ground that by ordinary skill and diligence after the collision they might have avoided it, but are entitled to recover the partial damages, he should not assess the amount of the partial damages conjecturally and report such amount to be due, but should make a special report to the Court; and the Court will then order a further reference to ascertain the amount of the partial damages by evidence. If a collision takes place between two vessels by the negligence of the crew of the defendants' vessel, whereby the plaintiffs' vessel suffers damage and is necessarily run aground, and afterwards and before any expenses are incurred, by the negligence of the plaintiffs' servants, a total loss of the plaintiffs' ship ensues, the defendant is not liable for such total loss of the plaintiffs' ship, but is liable for the expense which would have been incurred in making good the partial damage. [S C 3 Moore, P C (N. S.) 77; 16 E R 29 Considered, The " Generous," 1868, L. R 2 Ad & Ecc. 63...
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The Kingsway
...82 L. T. Rep. 95 9 Asp. Mar. Law Cas. 41 (1900) A. C. 113 The Flying FishENR 1865 2 Asp. Mar. Cas. O. S. 221 12 L. T. Rep. 619 Br. & Lush. 436 The ThuringiaDID=ASPM 1872, 26 L. T. Rep. 446 1 Asp. Mar. Law Cas. 283 The ClarenceENR 1850, 3 W. Rob. 283 The ArgentinoDID=ASPM 1889, 59, L. T. Rep......
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The Genua
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