The Archive · 1920

Supreme Court Action

COLLISION IN THE YANGTZE — CHINA MERCHANTS AND THE A. P

action arising out of a collision in the Yangtze River was begun in H. M. Supreme Court on Monday before his Honour Judge Skinner Turner. Captain Pote Hunt sat with his Lordship us Assessor.

Plaintiffs were the China Merchants' Steam Navigation Company, and defendants were the Asiatic Petroleum Ca. (North China) La.

Statement or Clara 7 pin. on February 3 of 340 tons register, of which the plaintifis the China "Merchants? Steam Navigation Company are owners, whilst on a voyage from Kiukiang to Fitzroy Island laden with rice and manned with a crew of 37 hands all told, was about two miles above the "Little Orphan'? Rock in the river Yangtze.

(2) The wind at that time was about forse seven. The weather was overcast, with a light fine rain, but fairly clear, and the tide was about one not down stream, The Kiangtung was steaming full speed ahead changing from aN, Evly toa N, N. Ely course, and proceeding through the water at a rate of about eight knots hour. Her proper regulation masthead, side and stern lights were duly exposed and exhibited and were burning brightly and 8 good look-out was being kept on board of her.

(3) At that time those on board the Kiangtung observed the green light of a steamship, which proved to be the Yang Peh, at a distance of over a mile from the Kiangtung, and bearing about 4 to one point on her starboard bow. When the Yang Peh was within half a -{mile of the Kiangtung, the Kiangtung sounded two short blasts and—starboarded her helm. No reply was given by the Yang Peh. About one minute later the Yang Peh obscured her green light and showed her red light, Kiangtung then put her helm over hard a-starboard and gave two short. blasts. The Yang Peh replied with one short bhist. The engines of the _Kiangtung were then st and put full speed astern but the Yang Peh ran against, and with her stem struck, the Kiangtung on her starboard bow about six inches in front of the forepeak bulkhead, (4) There was no proper look-out kept on board the Yang Peh.

(5) Those on board the Yang Peh improperly neglected to take in due time proper measures for avoiding the collision with the Kiangtung.

(6) The helm of the Yang Peh was ported at an improper time, (7) The Yang Peh did not keep, her stal course la the river.

The Yang Peh improperly attempt: ed {0 cross ahead of the Kiangtung when too close.

The Yang Peh was guilty of breaches of Regulations 27 and 29.

(10) The said collision and the damages and losses consequent thereon were occasioned by the negligent and improper_navigation of those on board the Yang Peh.

The plaintiffs claim:

declaration thst they re entitled fo the damage proceeded for, 2—The condemnation of the defendants in such damages and costs.

3To have an account taken of such damage with the assistance of merchan 4—Such other relief ax. the nature of the case may require.

Text read from the printed page and cleaned; old type leaves the occasional error.

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