The following is an abridged translation of the judgement delivered by the Russian Consular Court in the action brought by Messrs. Wheelock Ca, against the Russian Volunteer Fleet for damages launch Alexandra in colli the str. Poltava. The action was heard by Mr, V. Grosse (Consul-General for Russia), Mr. Synner-berg (Commercial Attache) and Mr. Brauns (Salt Commissioner).
Uncertain Witnesses.
The Court considers the different statements made by the various witnesses not very reliable. T! to two facts. All the witnesses, with the exception of one, were either interested in the case or dependent on plaintiffs or defendants, and as the collision took place six months ago the statements now made can hardly be expected to be clear and accurate. Therefore, the Court had mostly to rely on written documents, made on-the same day or a few days after the collision took place, viz., the log books of the Alexandra and Poltava, the sea protest of the Poltava, the report of the captain of the Alexandra to the owners, the report of her pilot to the harbour master, and the International Regulations for preventing collisions at sea. In accordance with articles 467 and 471 of the Russian Commercial Code, the Gourt had to decide on two points, viz., was negligence—which is the foundation of the right to recover damages—proved as far as the Poltava is concerned and, whether the collision could have been avoided by the Alexandra.
Text read from the printed page and cleaned; old type leaves the occasional error.