THE "PARAGUAY."

(1948) 82 Ll.L.Rep. 62

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Commodore A. S. Mackay and Captain G. C. H. Noakes, Elder Brethren of Trinity House.

Collision-River-Fog-Anchored vessels- Duty of vessels coming to anchor -Seamanship - Consequential damage - Plaintiffs' steamship Royal Star lying at anchor close to north bank in Gravesend Reach, River Thames, and partially athwart tide-Evidence that, proceeding up river on the ebb tide, she ran into fog and decided to anchor; that having passed a tug and tow (anchored) on her starboard side, she dropped down river on the opposite side of the tug and tow and between the tug and tow on the north bank; that with the turn of the tide she attempted by the use of her twin screws to swing through northward (she was too close to the tug and tow to swing through southward) but was brought up against the north bank; that she was lying in that position when the defendants' motor vessel Paraguay approached from astern, apparently attempting to pass between the Royal Star and the north bank, and came to rest aground in close proximity to the Royal Star's stern; and that the Royal Star, using her engines to move ahead, fell more athwart the tide and collided with steamships Algol and William Homan -Action brought by Royal Star against Paraguay, alleging that collisions between Royal Star and Algol and William Homan were a consequence of negligence of Paraguay - Onus of proof - Evidence of Paraguay that, proceeding up river, she was seeking a place in which to anchor; that having starboarded for a succession of anchored vessels she found herself in close proximity to Royal Star; and that she was prevented from passing northward of the Royal Star by reason of the unusual angle at which the Royal Star was lying - Whether Paraguay under duty to have anchored earlier.