This has been a very difficult case to decide and it has given my Assessor and myself considerable thought and taken us some time to arrive at a conclusion, of how the collision did arise. There was one poing in the case which did appear quite clear to us and that was that neither of the parties iliad any definite idea of how the collision was caused. Both sides admit that it was a dark and misty night, and there is no evidence before us sufficient to show that either party was not keeping a proper look-out. We are of opinion that both were keeping as good a look-out as possible on account of the darkness and mist of the night, combined with drizzling rain. Also on the evidence before us we find that both ships and lighters were carrying their proper lights.
The Teh Hsing alleges that the j last lighter carried no lights, but we are satisfied from the evidence of the laodah on the last lighter that she was carrying her proper light. The pilot of the Teh Hsing states that he saw no light on the: Stern of the last lighter, but the evidence is very circumstantial as there being a light there. The laodah states that it was knocked off by the collision and that it had to be fished cut of the water, and it was still just alight when taken on board It is possible that on account of the wheel-house of the! lighter, which is about 18 ft. in front and about 15 ft. behind, occupying some space directly at the stern of the lighter, the light was hidden at the time the pilot was looking.
As regards sound signals, we had no evidence from either party sufficient to guide us. The witnesses on both sides put the place of the collision at practically the same point, namely about half-a-mile below Tree Point. The pilot of the Han Wo makes the spot somewhat nearer to Tree Point. But as it was his stern lighter that struck, he himself, in the Han Wo, would have been somewhat further from the point of contact.
Text read from the printed page and cleaned; old type leaves the occasional error.