THE "LUSO."

(1934) 49 Ll L Rep 163

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Maugham, sitting with Captain W. E. Whittingham and Captain H. T. Prichard, Nautical Assessors.

Collision between Latvian steamship "Margarete" and Portuguese steamship "Luso" in North Sea during fog -"Margarete" southward, "Luso" northward, bound - "Margarete" navigating in fog-Signals first heard by "Luso" when "Luso" navigating in clear weather-Duties under Art. 16 -Signals heard forward of beam- "Margarete" admittedly 50 per cent. to blame - "Margarete" found to blame for failure to stop and for alteration of course; "Luso" found to blame for failure to stop-Apportionment of blame: "Margarete," three-quarters; "Luso," one-quarter - Appeal by "Margarete" against apportionment- Responsibility of Court of Appeal. Collision Regulations, Art. 16: Per Greer, L.J.: "If a vessel though herself not in fog hears the whistle of another vessel in a position which the first vessel has not ascertained, it is the duty of the first vessel to obey that rule, and I think the law laid down in the 'Bernard Hall,' 9 Asp. 300, correctly interprets that rule . . ."