San Peh Company's Action against Indo-China Company: Claim, for?Tls. 7,990
A collision between two river steamers in the Yangtze last April was the subject of an action, begun before his Honour Judge Grain at LIH. M. Supreme Court on Monday, by the San-Peh S. N. Ca., owners of the str. Tehhsing, against the owners of the I.-C.8. Hianwoo and lighters in tow, for Tls. 7,942 dam. ages, alleged to have arisen out of the accident. The defence was a general denial of responsibility There was a counter-claim for costs.
Capt. A. Pote-Hunt sat with the Judge as Marine Assessor. Mr. R. F. C. Master appeared for plaintiffs and Mr. Dunean® McNeill for defendants.
Mr. Master, opening the case, said that the collision occurred la April last in the Yangtze between plaintiffs' str. Tebhsing and the 1.-C.8. Hanwoo, which was towing at the time four lighters. The accident occurred between Horse-shoo Bend and Wall Village. Plaintiffs contended that the Han-woo was not keeping clear of the Tehhsing, making any sound signals, or keeping an efficient look-out; and that the Hanwoo turned. too sharply to starboard and did not exhibit any lights yen the lighters in tow. She was on her wrong side of the channel. Those on board failed to observe Article £9 of the Regulations for Safety at Sea.
Counsel submitted that defendants' answer to one of the preliminary acts was an extremely imperfect one. Noy was it in any Way amplified in the answer to the petition. Tt must have been possible for the defendants to 'ndicate fax more clearly than they had the place of collision. There had been plenty of time for them to obtain information, jas the preliminary acts were not filed until June 29. They had even had an extension of time. This left it open to defendants to shift their ground. Mr. Master then quoted a number of legal precedents in similar cases in support of his submission that in this matter the defendants should be ordered to amend their answer.
His Lordship agreed that plaintiffs had_a grievance in that defendants did not give any particulars as to distance, but he did not. seo how they could be called upon to amend.
Mr. Master—Then the imperfectness of defendants' answer must he taken as strongly against them as possible.
Proceeding, counsel said that the Fismwoo passed half a. cable's Jength from the Tehhsing. The first lighter passed her; the second hit her on the port side, scraping the side of the vessel and causing con-
Text read from the printed page and cleaned; old type leaves the occasional error.