The Archive · 1922

Be to Blame

At H. M. Supreme Court last Friday, his Honour Judge Grain found that both ships were to blame in the collision on April 20 on the Yangtze between the str. Tch Hsing and the tug Hanwo with lighters in tow, the subject of an action for Tls. 7,492 damages by the San Peh S. N. Ca. against Messrs. Jardine, Matheson & Ca., Ld., owners of the Hanwo.

is Lordship made an order that loss or damage to parties be pooled and divided Each side were ordered to pay their own costs.

Counsel in the case were: Mr. R. F. C. Master for plaintiffs and Mr. Duncan McNeil] for defendants.

The full text of his Lordship's judgement was as follows:—The statement of claim alleges that on the night of April 20, 1922, the steamship Teh Hsing, of 1,270 trons' register, was proceeding from Shanghai to Hankow with a general cargo of merchandise. That she was about three miles Golow. the - Wilts Essen near the walled village in e Yangtze River, about 17 miles from Tatung, when about 11.47 or 11.50 p.m. the Hanwo, a steam tug belonging to the defendants, passed her, going in the opposit: direetion and having in tow certain lighters. It is alleged that the Hanwo and the first line of lighters in tow. passed clear of the Teh Hsing, but that two lighters forming the second line of lighters (it was proved later in this case that the first line of lighters were three abreast and one lighter in tow behind them) struck the port side of the Teh Hsing just abaft the bridge, and _caused considerable damage, forcing her aground on the left bank of the river. The direct cause of the collision is sheering suddenly to starboard, as alleged to be due to the Hanwo

if her helm had been put hard aport, just after the Hanwo and the first line of lighters had passed clear, and so causing the second line of lighters to strike the port side of the Teh Hsing.

It is further alleged that the Hanwo neglected to keep a proper look cult, that she was on the wrong-side of the channel, neglect-exhibit proper mast head lights, failed to give sound signals, that the second itier of lighters failed to carry proper lights, and that the collision was caused by improper and negligent navigation of those on board Hanwo and lighters. The lighters varied in length from 140 to 145 ft. and their tonnage was 300 tons dead weight. Damages are claimed for tthe injury caused to the Teh Hsing by the collision.

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

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