The "Velocity."
| Jurisdiction | UK Non-devolved |
| Judgment Date | 27 November 1869 |
| Date | 27 November 1869 |
| Court | Privy Council |
English Reports Citation: 16 E.R. 725
ON APPEAL FROM THE HIGH COURT OF ADMIRALTY.
Mews' Dig. tit. Shipping, A. XX. Collision, 11. The Regulations, b. Cases on the Regulations.-Article 19; 12. Local Rules, d. Thames. S.C. L.R. 3 P.C. 44; 2l L.T. 686; 18 W.R. 264; 1 Asp. 484. See The Esk, 1870, 7 Moo. P.C. (N.S.) 276; L.R. 3 P.C. 437; The Ranger, 1872, 9 Moo. P.C. (N.S.), 352; L.R. 4 P.C. 520; The Franconia, 1876, 2 P.D. 14; The Oceano, 1878, 3 P.D. 60; in The Kirby Hall, 1883, 8 P.D. 71, evidence as to the customary mode of navigating vessels in a particular locality was not admitted. As to Admiralty jurisdiction of Privy Council see note to Droege v. Suart, The Karnah, 6 Moo. P.C. (N.S.) 150.
[263] ON APPEAL FROM THE HIGH COURT OF ADMIRALTY. THE GENERAL STEAM NAVIGATION COMPANY, THE OWNERS OF THE STEAMSHIP "VELOCITY,"-Appellants; THOMAS HEDLEY, GEORGE HEDLEY, and WILLIAM HEDLEY, THE OWNERS OF THE STEAMSHIP " CARBON,"-Respondents * [Nov. 26, 27, 1869]. the " velocity." Construction of Articles 13, 14, and 18, of the Steering and Sailing Rules of the Merchant Shipping Acts Amendment Act of 1862 (25th and 26th Viet. c. 63) [6 Moo. P.C. (N.S.) 269]. In inferring the intended movements of a Vessel approaching from a contrary direction, the relative position of the two Vessels when they first come in sight of each other must not alone be regarded; other circumstances, such as the bend of the River, or the necessity of avoiding another Vessel, which may occasion the apparent alteration of course, must be considered [6 Moo. P.C. (N.S.) 269]. By the Merchant Shipping Acts Amendment Act of 1862, Vessels navigating narrow channels are at liberty to go on whichever side they please, taking care to observe the Regulations for preventing collision [6 Moo. P.C. (N.S.) 271]. A Steam-vessel coming up the River Thames came in sight of another Steam-vessel proceeding down the River at the time she was rounding a bend of the river, and for that purpose had placed her head in such a direction that, unless her course was changed, the Steamers would, if the former kept her course, cross each other so as to involve risk of collision; whereupon the Steamer coming up the River, having the other on her starboard side, changed her course so as to keep out of the way, if the other Steamer followed the direction in which her head was turned: the latter not doing so, but pursuing her intention of rounding the bend of the River, the two Steamers came in collision. A suit having been instituted against the Steamer rounding the bend of the River, the Judge of the Admiralty Court held, that the Plaintiffs' * Present: Lord Chelmsford, Sir James William Colvile, and Sir Joseph Napier, Bart. 725 VI MOORE N.S., 264 GEN. STEAM NAV. CO. V. HEDLEY-VELOCITY (THE) [1869] Steamer had only done what was required of her under the 14th Article of the Regulations for preventing collisions, which directs, that " if two Ships under steam are crossing, so as to involve risk of collision, the Ship which has the other on her own starboard side shall keep out of the way of the other :"-On appeal, held, by the Judicial Committee, that the decree was wrong, that the 14th Article did not, in the circumstances, apply, and that the Plaintiffs' Steamer was, therefore, not justified by it: that the Steamer sued was acting in conformity with the 18th Article, which directs, that where by the Steering and Sailing Rules " one of two Ships is to keep out of the way, the other shall keep her course;" and that the Steamer sued was not in any way to blame. This was a cause of damage promoted by the Respondents in consequence of a collision which occurred between the Steam-vessel Velocity and the Steam-vessel Carbon, under the following circumstances : - Early in the morning of the 5th of September, [264] 1868, the Velocity, a Steam-vessel of about 179 tons register, and drawing about nine feet of water, left London, bound for Calais, with a light cargo, and with twelve Passengers on board. After passing Cuckold's Point, up to which point the Velocity had been proceeding along the south shore of the River, she crossed the River, and then kept along the north...
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