The Frankland
| Jurisdiction | England & Wales |
| Judgment Date | 01 April 1901 |
| Date | 01 April 1901 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Sir F. Jeune, President
The Frankland
The Avon v. The Thomas JoliffeDID=ASPMELR 63 L. T. Rep. 712 6 Asp. Mar. Law Cas. 605 (1891) P. 7
The Englishman and AustraliaDID=ASPMELR 72 L. T. Rep. 203 7 Asp. Mar. Law Cas. 605 (1895) P. 212
The MilanENR 5 L. T. Rep. 590 1 Mar. Law Cas. O. S. 185 Lush 388
The BerninaDID=ASPMELR 58 L. T. Rep. 423 6 Asp. Mar. Law Cas. 257 13 App. Cas. 1
Admiralty rule as to division of damages
Collision — Contribution between joint tortfeasors — Admiralty rule as to division of damages
196 MARITIME LAW CASES. ADM.] THE FRANKLAND. [ADM. Monday, April 1,1901. (Before Sir F. JEUNE, President.) THE FRANKLAND. (a) Collision - Contribution between joint tortfeasors - Admiralty rule as to division of damages - Objection to registrar's report. Where two vessels have been found both to blame for a collision and each has been condemned in a moiety of the other vessel's damages, such damages include a sum of money which one of them has become liable to pay for damage done to a third vessel in consequence of the collision. In such cases the common law rule of no -contribution between joint tortfeasors does not apply. THIS was a motion in objection to the registrar's report assessing the damages in a collision action. On the 8th Aug. 1900 a collision occurred between the Swedish steamship Avera and the steamship Frankland in Long Reach, river Thames. The action was tried before Barnes, J., assisted by two of the Elder Brethren, on the 27th Nov. 1900, and resulted in his finding both vessels to blame and decreeing accordingly. The Avera at the time of the collision was proceeding from the Thames to Middlesborough in ballast, and was struck on the starboard bow and driven against the barge Hope. An action was commenced in the City of London Court by the owners of the barge against the owners of the Avera, who admitted liability for the collission, subject to the damages being assessed by the registrar of the City of London Court. This was done, and the damages were assessed at 269l. 16s. 10c!. with interest and costs. At the reference before the registrar of the Admiralty Court the moiety claim of the Frank-land was settled by the parties out of court, and the moiety claim of the Avera was heard on the 1st March 1901. At the reference it was not suggested that the owners of the Avera had improperly admitted liability for the damage done to the barge Hope, nor was the amount of the...
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