THE "TESTBANK."

(1942) 72 Ll L Rep 6

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice MacKinnon and Lord Justice Goddard, sitting with Rear-Admiral K. D. W. Macpherson and Captain W. P. Townshend, Nautical Assessors.

Collision - Appeal - Apportionment of blame-Principles to be applied by appellate Court - Collision between steamships Ceramic and Testbank in South Atlantic-Vessels on almost opposite courses, sailing without lights -Loom of Ceramic seen by Testbank nearly a mile away - Starboard helm action taken by Testbank without signalling and without immediately switching on her lights -Lights switched on later - Red of Testbank seen by Ceramic at distance of nearly half-a-mile - Hard-a-port helm action immediately taken by Ceramic-Lights switched on-Subsequent whistle signals sounded by Testbank not heard by Ceramic- Ceramic struck by Testbank at broad angle on starboard side-Look-out- "Agony of collision"-Collision Regulations, Arts. 27, 28-Decision of Langton, J., that the Testbank was to blame for taking helm action without immediately blowing her whistle and for not immediately switching on her lights, and that the Ceramic was also to blame for her port helm action- Apportionment of blame: Ceramic, one-fourth; Testbank, three-fourths- Appeal by Testbank against apportionment -Whether apportionment a matter of discretion-Maritime Conventions Act, 1911, Sect. 1.