The Owners of the Steamship Esk (apps.), v The Owners of the Steamship Niord (resps.)
| Jurisdiction | UK Non-devolved |
| Judgment Date | 29 November 1870 |
| Date | 29 November 1870 |
| Court | Privy Council |
English Reports Citation: 17 E.R. 105
AN APPEAL FROM THE HIGH COURT OF ADMIRALTY.
Mews' Dig. tit. Shipping, A. XX. Collision, 11. The Regulations, b. Cases on the Regulations-Art. 19. 12. Local Rules, d. The Thames. S.C. L.R. 3 P.C. 436; 24 L.T. 167; 1 Asp. 1. See note to The Velocity, 1869, 6 Moo. P.C. (N.S.) 273.
[276] AN APPEAL FROM THE HIGH COURT OF ADMIRALTY. THE OWNERS OF THE STEAMSHIP " ESK,"-Appellants; THE OWNERS OF THE STEAMSHIP " NIORD,"-Respondents * [Nov. 27, 28, 1870]. the " esk " and the " niohd " Collision between two Steamships, the Niord and the Esk, whilst rounding a point on the Kentish side of the River Thames which divides the reach called the Half-way Reach from the Barking Reach. The Niord coming up and seeing the Esk rounding the point, having put her helm hard-a-port, in order to cross the river, the Esk stopped, and reversed her engines, and put her helm a-starboard, the result causing a collision; the Esk running almost at right angles into the Niord, nearly at her midships, cutting clean into her boiler, and compelling her, in order to avoid sinking in deep water, to run ashore : -Held, that without determining whether these Vessels were crossing Vessels within the meaning of the 14th Article of the Steering and Sailing * Present: Sir James William Colvile, The Lord Justice James, and The Lord Justice Mellish. P.C. vi. 105 4 VII MOORE N.S., 277 THE ESK AND THE NIORD [1870] Rules, that the Esk was solely to blame, and the decree of the Admiralty Court, in that respect, affirmed. The construction put on the 14th Article in the case of The Velocity (6 Moore's P.O. Cases (N.S.), 263 ò S.C. Law Rep. 3 P.C. 44) explained and limited. The principles laid down in The Julia, (14 Moore's P.C. Cases, 210), which uniformly guide the appellate Court upon questions of fact, adopted. A cause of damage and cross cause, the former promoted by the Owners of the Steamship Niord, the Respondents, against the Steamship Esk belonging to the Appellants, for the recovery of damages in respect of a collision which had occurred between them. The cross cause was brought by the [277] Appellants, the Owners of the Esk, against the Respondents, on account of the same collision, which happened on the 12th of November, 1869. On that day, about 9.30 a.m., the Niord, an iron Screw-steamship of 247 tons register, worked by engines of seventy horse-power, and manned) by a crew of sixteen hands, was coming up Half-way Reach, in the River Thames. The weather at the time was fine, and moderately clear, the wind light from about ENE., and the tide first quarter ebb. The Niord was in charge of a duly licensed Pilot, and was going about eight knots an hour, under steam alone. As the Niord' was approaching the Halfway-House Point, on the south shore, at the top of Half-way Reach, the Esk, a Screw-steamer of 446 tons register and ninety horse-power, was observed coming down Barking Reach, which is the reach above Half-way Reach. At this time there were several Vessels bound downwards, and occupying the northern half of the River, and the Niord was, therefore, necessarily kept somewhat to the southward of mid-channel. As the Esk drew nearer, the helm of the Niord was put to port, in order to allow more room for the Esk to port also, and pass port side to port side in rounding the point. The Esk, however, instead of so doing, was seen to be keeping off from the point, standing over, angling to the north shore, crossing the course of the Niord. Thereupon, the helm of the Niord was at once put hard-a-port, notwithstanding which the Esk almost...
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