The "Ruby Queen."
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1861 |
| Date | 13 March 1861 |
| Court | High Court of Admiralty |
English Reports Citation: 167 E.R. 119
Ecclesiastical, Admiralty, Probate and Divorce Division
Referred to, The "Mullingar," 1872, 26 L. T. 326; The "Dictator," [1892] P. 304; The "Jacob Christensen," [1895] P. 281. Considered, The "Ripon City," [1897] P. 226.
The learned Judge then proceeded to pronounce a similar decree in the Charlotte." The sale by May was not justified by any necessity, and was not confirmed by the owners, and was therefore wholly invalid. The only circumstance at all distinguishing this case from The " Bontta" in favour of the defendant is the alleged amount of re-[26%-pairs executed at Figueira, but that was grossly exaggerated, and the silence of the owners, who had been deceived by the exaggerated and false information, cannot be construed into a confirmation of the sale. Bmikenbridge, proctor for the owner of the " Bonita." Farrar, French and Tatham, proctors for the owners of the " Charlotte." Clarkson, praetor for the defendant in both cases. THE " RUBY QUEEN." March 13, 1861.CollisionPreliminary actsLiability of defendant's vessel for contractor's act.In a cause of collision, where the case is to be heard on viva voce evidence only, the preliminary acts are to be exchanged before the evidence is taken. The ship of the defendant is liable for the act of a, contractor in sole charge of the ship. The yacht of the defendant was entrusted for reward to yachting agents for sale, and, by their servants, moored in the winter season without striking her top gear, whereby, on a gale occurring, the yacht drifted and fouled another yacht. Held, that the defendant's yacht was liable in a proceeding in rem in the Court of Admiralty. [Referred to, The " Mullingar," 1872, 26 L. T. 326 ; The " Dictator," [1892] P. 304 ; The " Jacob Christensen," [1895] P. 281. Considered, The " Ripon City," [1897] P. 22-Z.] Collision. This was a cause brought by the owner of the yacht " Wildfire " against the yacht " Ruby Queen," for driving upon the " Wildfire," during a gale, in Southampton Water, and was defended by the executors of the late owner of the " Ruby Queen." The case was heard by oral evidence only. The answer pleaded that the " Ruby Queen " had been placed for sale in the hands of Messrs. Clarke & Price, yachting agents of Southampton, who agreed to take charge of her for a certain sum per week, that she was afterwards moored by the servants of Messrs. Clarke & Price, and that the collision was an inevitable accident. Deane...
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...in rem against a demise chartered vessel, but these are not directly relevant to the issue which arise in the present case. They include The Ruby Queen (1861) Lush. 206 and The Ripon City [1897] p.226. These have now to be read in the light of the very recent House of Lords' judgment in The......
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