THE "NAPIER STAR."

(1939) 64 Ll L Rep 197

ADMIRALTY DIVISION.

Before Mr. Justice Langton.

Collision Regulations-Breach by navigating officer-Whether breach of statutory duty by owners-Claims by crew against other colliding vessel-Apportionment of damages - Common employment - Collision between British steamships Laurentic and Napier Star - Vessels found equally to blame-Members of crew of Laurentic killed in collision-Actions brought by personal representatives against Napier Star-Further actions by injured seaman and passenger - Actions settled - Claim by owners of Napier Star to recover from owners of Laurentic one-half of sums paid in settlement and of costs incurred in defence of these actions-Report of learned Registrar upholding contention by owners of Laurentic that claims brought against them by members of her crew (or by their representatives) would have failed by reason of the defence of common employment; that as regards the claim by the passenger, they were protected by the ticket conditions; and that therefore the owners of the Napier Star could not recover from the owners of the Laurentic any proportion of the sums paid in settlement or of the costs incurred in defending these claims - Motion in objection by owners of Napier Star - Admitted breach of Collision Regulations by navigating officer of Laurentic - Contention by owners of Napier Star that that breach constituted a breach of statutory duty by the owners of the Laurentic in that they had failed to comply with Sect. 419 (1) of the Merchant Shipping Act, 1894, which provides: "All owners and masters of ships shall obey the Collision Regulations, and shall not carry or exhibit any other lights, or use any other fog signals, than such as are required by those Regulations"; and that therefore the plea of common employment would have been of no avail - Doctrine of common employment considered-Duty of shipowners under Sect. 419 (1)-Maritime Conventions Act, 1911, Sects. 1, 3 (1).