Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

THE "DAGEID."

(1946) 80 Ll.L.Rep. 225

ADMIRALTY DIVISION.

Before Mr. Justice Pilcher, sitting with Captain G. Curteis and Captain G. C. H. Noakes, Elder Brethren of Trinity House.

Collision - Convoy - Defective steering gear - Failure to keep station - Right of following vessel to overtake - Inevitable accident - Collision between motor vessels Erinna and Dageid, units in same convoy, with Erinna astern of Dageid - Failure of Dageid's steering gear - Starboarding by Erinna when she found that Dageid was losing her headway - Sheer to port by Dageid followed by sheer to starboard - "Not under command" lights exhibited by Dageid - Impact between stem of Dageid and port side of Erinna - Collision prima facie due to failure of steering gear - Cause of failure - Onus of proof - Whether Dageid should have exhibited her "not under command" lights sooner - Criticism of engine action taken by each vessel - Whether Erinna was negligent in attempting to overhaul the Dageid - Conflicting advice from Elder Brethren as to engine action which should have been taken by Dageid.

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