The "General de Caen"-(Guichon) Master
| Jurisdiction | England & Wales |
| Judgment Date | 08 December 1855 |
| Date | 08 December 1855 |
| Court | High Court of Admiralty |
English Reports Citation: 166 E.R. 990
HIGH COURT OF ADMIRALTY OF ENGLAND
S. C. 26 L. T. (O. S.) 165.
[9] the " general de caen "-(Guichon) Master. December 8, 1855 -Collision -Compulsory pilotage-Exemption under section 388 of Merchant Shipping Act. -A French vessel coming up the Thames took on board a pilot, and, as none of her crew'understood English, a waterman to take the wheel. The waterman put her helm up instead of luffing, as the pilot ordered, whereby a barge was run into and damaged ; the French owner claimed exemption under the 388th section of the Merchant Shipping Act ; held, that the pilot was not answerable for the waterman's incapacity or fault, and that the section of the Act, inasmuch as it depnves parties injured of a remedy they would otherwise have had, should be construed strictly. [S. C. 26 L. T. (O. S.) 165.] In this case, a French vessel, the " General de Caen," coming up the Thames under charge of a duly qualified pilot, ran into and damaged a barge lying at anchor off Gravesend. As to the fact of the collision, and that the French vessel was in fault, there was no dispute ; but her owners claimed to be protected under section 388 of the Merchant Shipping Act, 1854, which enacts, that " No owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ahip, within any district where the employment of such pilot is compulsory by law " The owners of the " General de Caen " admitted that the pilot, under the circum-atances, gave the right order, but asserted that the collision aroae from that order not having been properly carried out by the man at the wheel, who was an English waterman hired to accompany the vessel up the river, as none of the crew spoke English, at the request and desire of the pilot, and ordered by the pilot to go to the wheel; that thas man must be considered to be the pilot's servant, and that the pilot would be responsible for the misconduct or inefficiency of the waterman, so hired and under his orders, as if it were his own The owners, of the barge damaged denied that the waterman was hired by the pilot, or that the pilot was in any way responsible for him, but asserted that the waterman was hired by Mr Davis, the agent of the owner of the vessel, who was on board, and by the master. swab i. the "general de caen" 991 The Court was assisted by...
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