THE "OLDER."

(1949) 83 Ll.L.Rep. 151

COURT OF APPEAL.

Before Lord Justice Bucknill, Lord Justice Somervell and Lord Justice Denning, sitting with Rear-Admiral H. D. Hamilton and Captain R. Mann, as Nautical Assessors.

Collision - Narrow channel - Obligation on ship leaving main channel - Local by-law - Seamanship - Look-out - Collision between steamships Louis D. Brandeis and Older in entrance channel to Buenos Aires - Older, outward bound, navigating down north channel into main channel - Main channel a continuation of north channel-Louis D. Brandeis, inward bound, navigating in main channel and proposing to branch off into south channel - Local by-law providing: A vessel which, while navigating in a channel, manoeuvres in order to leave the same, will do so in such manner and circumstances as not to force those navigating in its waters to manoeuvre to avoid collision, grounding or other accidents.

Whether by-law applicable in circumstances to both ships-Case for Louis D. Brandeis that she sounded and repeated signals indicating that she was intending to enter south channel; that no reply was received from Older; that, Older coming down to the northward of mid-channel, Louis D. Brandeis took starboard helm action; and that by reason of port helm action or sheer by Older, the ships came into collision port bow to port bow-Alleged negligence of Older in failing to take off her way either by engine action or by dropping anchor-Case for Older that she was navigating on her proper side of mid-channel; that she reduced speed as Louis D. Brandeis approached; that she heard no signals from Louis D. Brandeis; and that ships would have passed each other in safety but for port helm action taken by Louis D. Brandeis -Bad look-out on Older - Whether contributing to collision.