The "Frankland" and the "Kestrel."
| Jurisdiction | UK Non-devolved |
| Judgment Date | 06 December 1872 |
| Date | 06 December 1872 |
| Court | Privy Council |
English Reports Citation: 17 E.R. 551
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY.
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 Council, see note to The Ranger and Cologne, 1872, 9 Moo. P.C. (N.S.) 365.
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY. HENRY THOMAS MORTON, and Others, the Owners of the Steamship " Frankland," -Appellants; WILLIAM HENRY HEAP HUTCHINSON, and Others, the Onwers, Master, and Crew of the Steamship " Kestrel,"-Respondents * [Dec. 6, 1872]. the " frankland " and the " kestrel." Art. 16 of the Rules and Regulations for preventing collisions at Sea provides, that " Every Steamship, when approaching another Ship so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every Steamship shall in a fog go at a moderate speed." A Steamship navigating in a fog at a moderate speed, hearing a whistle sounded many times, indicating that a Steamer was approaching her, and had come very near to her, so near that if the Vessels had then been stopped they would have been within hailing distance, is bound under the 16th Article not only to stop the motion of her Engines, but to reverse them, so as to stop the motion of the Vessel, and ought not to wait until the Vessels sight each other, when such a manoeuvre may be too late. In this case the appeal was brought from a decree of the High Court of Admiralty in cross causes of [366] damage in suits respectively brought by the Re- * Present: Sir James William Colvile, Sir Barnes Peacock, Sir Montague Edward Smith, and Sir Robert Porrett Collier. 551 IX MOORE N.S., 367 MORTON V. HUTCHINSON-PRANKI/D AND KESTREL [1872] spondents, as the Owners, Master, and crew of the late Steamship Kestrel, against the Steamship Frankland, of which the Appellants were Owners, and by the Appellants as Owners of the Frankland against the Kespondents as Owners of the Kestrel, for the recovery of damages in respect of losses severally sustained by reason of a collision between the two Steamships. The collision in question happened at about 9.30 p.m. on the 23rd of April, 1871, off the Norfolk coast, and the Kestrel shortly afterwards sank and was lost. The Kestrel was an iron screw Steamer, of 392 tons register, proceeding from Rotterdam to Hull, with a general Cargo and Passengers. The Frankland was a screw Steamer, of 541 tons register, proceeding from Sunderland to London with a Cargo of Coals. The case on the part of the Frankland was, that there was a dense Fog, and that she was being...
To continue reading
Request your trial