THE "VARMDO."

(1940) 67 Ll.L.Rep. 197

COURT OF APPEAL.

Before Sir Wilfrid Greene (Master of the Rolls), Lord Justice Scott and Lord Justice MacKinnon, sitting with Captain Hugh T. Prichard, R.N., and Captain W. P. Townshend, R.N.R., Nautical Assessors.

Collision - Crossing courses - Narrow channel - Collision between British steamship Jeanne M. and Swedish steamship Varmdo in Copenhagen Sound off Elsinore-Jeanne M. sunk- Jeanne M. on a course of N. 12 E.; Varmdo on a course of S. 45 E.-Green of Varmdo opened three points on port bow of Jeanne M. about three or four miles away-Course of Jeanne M. altered to N. by W. 12 W. in ordinary course of navigation-Green of Varmdo opened on starboard bow of Jeanne M. - Starboarding by Varmdo across bows of Jeanne M. - Porting by Jeanne M. - Contact between stem of Varmdo and starboard side of Jeanne M. - Decision of Langton, J., that Varmdo was alone to blame-Appeal - Erroneous assumption by learned Judge that Varmdo had contended that narrow channel rule applied - Plea in fact made by Jeanne M.-Appeal heard on footing that crossing rule applied-Contention by Varmdo that learned Judge had come to a wrong conclusion as to the course of the Jeanne M. and the place of collision-Admission by Varmdo that she was to blame - Whether Jeanne M. also to blame - Duty of Court upon an appeal from the

decision of a Judge who has seen and heard the witnesses.