THE "HENRY STANLEY."

(1945) 79 Ll.L.Rep. 579

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Captain W. E. Crumplin, and Captain G. C. H. Noakes, Elder Brethren of Trinity House.

Collision-Convoy-Failure to keep station- Breakdown of steering gear creating risk of collision-Prima facie negligence-Onus of proof - Respective duties after risk of collision arose - Collision between motor vessels Maja and Henry Stanley in west-bound convoy in Atlantic Ocean - Henry Stanley originally immediately ahead of Maja in same column - Evidence that Maja, having previously by reason of increasing her speed drawn up too close to the Henry Stanley, had drawn out to starboard- Duty of Maja in the circumstances to keep a specially good look-out-Breakdown of steering gear of Henry Stanley-Swing to starboard-Nature of swing-"Not under command" signal exhibited-Breakdown of steering gear due to blowing out of packing of piston-No explanation given by Henry Stanley as to cause of packing blowing out-Evidence of routine inspections ashore and at sea.