THE "DAGEID."

(1946) 80 Ll.L.Rep. 517

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Bucknill and Lord Justice Wrottesley, sitting with Rear-Admiral H. D. Hamilton and Captain W. P. Townshend, Nautical Assessors.

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 - Starboarding by Erinna at increased speed - 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 and in increasing her speed just before collision - Decision of Pilcher, J., that neither vessel was to blame - Appeal by Erinna - Cross-appeal by Dageid.