The Frankland
| Jurisdiction | UK Non-devolved |
| Judgment Date | 06 December 1872 |
| Date | 06 December 1872 |
| Court | Privy Council |
Judicial Committee of the Privy Council
The Right Hon. James W. Colvile, Sir Barnes Peacock, Sir M. E. Smith, and Sir Robert P. Collier
The Frankland; The Kestrel
Order In Council Consolidating Orders In Council Making Regulations For Preventing Collisions At Sea And Rules As To Signals Of Distress, SI 1910/1113.
Collision — Fog — Regulations for preventing collision at sea, article 16
MARITIME LAW CASES. 489 Priv. Co.] The Frankland; The Kestrel. [Priv. Co. ON APPEAL FROM THE HIGH COURT OF ADMIRALTY. Dec. 5 and 6,1872. The Franklane ; The Kestrel. (Present: The Right Hon. James W. Colvile, Sir Barnes Peacock, Sir M. E. Smith, and Sir Robert P. Collier.) Collision - Fog - Regulations for preventing collision at sea, article 16 - Steamships. A steamship going at a moderate speed in a fog, on hearing a steam whistle sounded many times, indicating that another steamer is approaching, and has come so near, that if the vessels then stopped they would he within hailing distance, is hound under the terns of Article 16 of the regulations for preventing collisions at sea, not only to stop, but to reverse her engines, and ought not to wait until the vessels sight each other, when such reversing would he too late. This was an appeal in cross causes of collision instituted by the owners of the Kestrel against the Frankland, and by the owners of the Frankland against the owners of the Kestrel. The appellants were the owners of the Frankland. The collision occurred at about 9.30 p.m. on the 23rd April, off the Norfolk coast, near Cromer,Dudgeon light vessel. The tide at the time was flood, and was running to the southward at the rate of about two knots an hour. The Kestrel was an iron screw steamer of 362 tons register, manned by a crew of twenty hands, and was proceeding from Rotterdam to Hall with a general cargo and passengers. The Frankland was a screw steamer of 541 tons register, manned by a crew of eighteen hands, and was proceeding from Sunderland uo London with a cargo of coals. The case set up on behalf of the Kestrel was that she was heading N.N.W. against the tide, which was upon her starboard bow. The wind was light. It was the mate's watch, and he was on the bridge with an able seaman, who was on the look out, and also a Dutch pilot; a second man was on the look out forward. About 9 p.m. the weather became thick with fog, whereupon the mate ordered the engines to bo cased and the master to be called. The master immediately came on deck, and ordered the engines to dead slow, so that the speed of the vessel was reduced to five and a-half Knots through the water and about three or three and a-half knots over the ground, just enough to keep way on the vessel against the tide. The master and the mate remained on the bridge till after the collision, From the time when the fog came on until the collision the steam whistle of the Kestrel was regularly sounded about every half minute. About 9.30 p.m. two whistles were heard, one on the port bow and the other right ahead. The Kestrel's steam whistle was thereupon sounded and her helm ported until her head was about N., when the helm was...
To continue reading
Request your trial
-
"Lebanon" (Owners of the) v "Ceto" (Owners of the). The "Ceto"
...Rep. N. S. 610 4 Asp. Mar. Law Cas. 360 5 App. Cas. 876 LutetiaELR 9 App. Cas. 640 The FranklandDID=ASPMUNK 27 L. T. Rep. N. S. 633 1 Asp. Mar. Law Cas. 489 L. Rep. 4 P. C. 529 The Kirby HallDID=ASPM 48 L. T. Rep. N. S. 797 5 Asp. Mar. Law Cas. 90 8 P. Div. 71 Baker v. The Owners of the The......
-
The "Frankland" and the "Kestrel."
...Mews' Dig. tit. Shipping; A. XX. Collision; 11. The Regulations; b. Cases on the Regulations-Art. 16. S.C. L.R. 4 P.C. 529; 27 L.T. 633; 1 Asp. 489. See The Kirby Hall, 1883, 8 P.D. 78; The Dordogne, 1884, 10 P.D. 9; The Ceto, 1889, 14 App. Cas. 687. As to Admiralty Jurisdiction of Privy Co......
-
The Kirby Hall
...Divorce, and Admiralty Division Sir R. Phillimore and Trinity Masters The Kirby Hall The FranklandDID=ASPMUNK 1 Asp. Mar. Law Cas. 489 27 L. T. Rep. N. S. 633 L. Rep. 4 P. C. 529 Collision Fog Speed 90 MARITIME LAW CASES. ADM.] THE KIRBY HALL. [ADM. Feb.l0,12,and 13,I883. (Before Sir R. Pei......