The Winstanley
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1896 |
| Date | 28 April 1896 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
The President (Sir Francis Jeune) assisted by Trinity Masters
The Winstanley
The HarvestDID=ASPM 55 L. T. Rep. 202 6 Asp. Mar. Law Cas. 5 11 P. Div. 90
The Ranger; The CologneDID=ASPMUNK 27, L. T. Rep. 769 1 Asp. Mar. Law Cas. 484 L. Rep. 4 P. C. 519
Bye-laws of the Port or Harbour of Newport, 1894, arts. 12 and 13
Order In Council Consolidating Orders In Council Making Regulations For Preventing Collisions At Sea And Rules As To Signals Of Distress, SI 1910/1113.
Collision Bye-laws of the Port or Harbour of Newport, 1894, arts. 12 and 13 Regulations for Preventing Collisions at Sea, art. 16
The Harvest (55 L. T. Rep. 202; 6 Asp. Mar. Law Cas. 5; 11 P. Div. 90) distinguished.
154 MARITIME LAW CASES. Adm.] The Winstanley. [Adm. April 23 and 28,1896. (Before the President (Sir Francis Jeune) assisted by Trinity Masters.) The Winstanley. (a) Collision - Bye-laws of the Port or Harbour of Newport, 1894, arts. 12 and 13 - Regulations for Preventing Collisions at Sea, art. 16. Where there is a local rule regulating the sides on which vessels shall enter and leave a harbour such-rule does not supersede the Regulations for Preventing Collisions at Sea when, according to the state of the tide, there is no defined entrance separating the harbour from the open sea. A siec mer entered the harbour of Newport to the westward of the Bell-buoy across the western flats, instead of entering to the eastward of the Bell-buoy, and collided with an outcoming steamer which had the incoming steamer on her own starboard hand. Held, that it was the duty of the outcoming steamer under art. 16 of the Regulations for Preventing Collisions at Sea, to keep out of the way of the incoming steamer, and that the incoming steamer was not to blame, as she was justified under the circumstances in proceeding on across the bows of the outcoming steamer, so as to go up on the right side of the channel in obedience to Rule 12 of the Bye-laws of the Port or Harbour of Newport, 1894. The Harvest (55 L. T. Rep. 202; 6 Asp. Mar. Law Cos. 5; 11 P. Div. 90) distinguished. This was a collision action in rem instituted by the owners of the steamship Govino against the owners of the steamship Winstanley, to recover compensation for damages occasioned by a collision (a) Reported by Butler Aspinall and F. A. Satoy', Esqrs.. Barristers-at-Law. MARITIME LAW CASES. 155 ADM.] The Winstanley. [Adm. between the two vessels in the pert or harbour of Newport. The defendants counter-claimed. The facts alleged on behalf of the pi lintiffs were as follows: On the 4th Nov. 1895 the Govino, a steamship of 1504 tons net register, was off the entrance to the river Usk, on a voyage from Cardiff to Newport, in water ballast. The Govino was steering a course of about E. by N. In these circumstances the masthead and green lights of the Winstanley were observed about half a mile off, and about three points on the port bow. The Govino kept her course, and when it was seen that the Winstanley was coming on so as to involve risk of collision, the engines of the Govino were stopped and reversed full speed astern. Nevertheless the Winstanley...
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The Peter Benoit
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