FRANCE v. HVALFANGERSELSKAPET POLARIS A/S AND OTHERS. THE "POLARTANK."
(1948) 82 Ll.L.Rep. 108
ADMIRALTY DIVISION.
Before Mr. Justice Willmer, sitting with Commodore A. S. Mackay and Captain T. L. Owen, Elder Brethren of Trinity House.
Collision-Canal-Local by-laws-Duty of inward-bound vessel to give way - Starboard-hand rule-Speed-Consequential damage - Personal injury claim - Contributory negligence - Towage contract-Common employment -First defendants' motor vessel Polartank, with tugs M.S.C. Bison and Rixton fast fore and aft, outward bound in Manchester Ship Canal; second defendants' tug Aviator, towing third defendants' barge Lynn, inward bound-Meeting of flotillas in Millbank cutting-Impact between Lynn and port side of Polartank, Lynn finally going under stern of Polartank and colliding with Rixton - Plaintiff (employed as deckhand on Rixton) seriously injured when attempting to disconnect tow rope to Polartank just before collision - Action brought by plaintiff against owners of Polartank, Aviator and Lynn - Whether plaintiff's injuries a consequence of collision-Alleged contributory negligence - Evidence that plaintiff, in carrying out orders to release tow rope, stood in bight of rope -Obvious risk-Manchester Ship Canal By-laws, No. 15:
When vessels navigating the canal and proceeding in opposite directions are approaching one another each vessel shall be navigated slowly and with caution and shall keep to her own starboard side, so as to pass with safety port side to port side.
When two vessels proceeding in opposite directions and about to meet are approaching a dredger or stationary craft (moored in the canal), or the rock-cuttings at Ince, Stanlow, and Millbank, or any other place in the canal where it is not prudent or seamanlike for them to attempt to
pass each other, the inward-bound vessel shall give way until passed by the outward-bound vessel . . .
Liability for collision-Obligation upon Aviator to give way to Polartank - Warning of approaching flotilla-Duty of vessels approaching one another to reduce speed and to navigate "slowly and with caution" - Whether vessels failed to take seamanlike action when approaching each other-Failure by Polartank to warn her stern tug (Rixton) of impending danger-Cause of sheer by Lynn-Rixton engaged by Polartank under contract providing:
It is further agreed that on the hiring of the Company's tugs for towage, docking, piloting, or assistance services, the master and crew of such tugs, become in all respects the servants of and are identified with the ship, and are under the control of the person in charge of the ship, whilst the towage, docking, piloting, or assistance services are being performed.
Whether plaintiff in common employment with first defendants' servants on board Polartank - Circumstances in which doctrine applicable-Manchester Ship Canal By-laws, Nos. 4, 5, 6, 12, 13, 15.