In accordance with article 18 of the regulations for preventing col-hsiens at sea and article 467 of the Russian Commercial Code, where two vessels are meeting end on or neatly so and are in danger of collision each shall alter her course to starboard so as to pass on the port side of the other. In consequence of the above, the Alexandra blew one whistle and ported, presuming thatthe Poltava would answer with the same al and move to the with two whistles and starboarded. Granting that the captain of the Alexandra was right in saying that the Poltava blew two whistles and starboarded, the Court, remembering the number of junks alongside the Shanghai channel and aleo the contention as to the high speed of the Poltava, has to infer that the Alexandra could hardly execute her manceuvre and pass the Poltava on the Shanghai side in accordance with article 18, as the Poltava could not avoid colliding with the junks or running ashore. Further, the Court has to bear in mind the captain's statement that he heard only two whistles but that there might have been three. He was not sure of this, but he held to the idea that he must go on the Shanghai side of the channel though the Pootung side was free.
When " Ship is Helpless, The Court is of opinion that such an experienced seaman as Captain Elm, who has served on board the Alexandra for nine years and has made over 3,000 trips in the river Huangpu, must have known from the signals and position of the Pol-tave that she was out of control and was unable to move to the Pootung side. Otherwise, Captain Elm had to presume that the captain and the licensed pilot of the Russian mail steamer were not aware of the elementary rules of navigation. It has been established by different law Courts that where a ship required by the regulations to keep out of the way is unable to do 80, it is the duty of the other ship not to insist in its rights but itself to keep out of the way. The Court therefore believes that the Alexandra could have followed article 27 of the regulations for preventing collisions at sea which prescribes departure from the ordinary rule in special cases.
Text read from the printed page and cleaned; old type leaves the occasional error.