A compendium of the law of merchant shipping; with an appendix containing all the statutes and forms of practical utility

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 Excerpt: ... this act, if in any case of collision it appears to the Court before which the case is tried that the collision was occasioned by the non-observance of any regulation made by or in pursuance of the act, the ship by which Worth, ib. 489, where the same principle was acted on; and Tuff v. Warman, 2 C. B., N. S. 740; S. C in Cam. Scacc, 6C. B., N. S. 572. (() Thorogood v. Bryan, and Collin v. HiUt, 8 C. B. 115. See also the observations on this rule in the notes to 1 Smith, L. C. 254 (5th ed.). In The Milan, 1 Lush. A. R. 388, Dr. Lushington refused to act upon the principle of these cases, which are directly opposed to Hay v. Le Neve, 2 Shaw's Scotch App. Cases, 395. In Bland v. Rots, 14 Moore, P. C. C. 210, it was held that the rule did not apply to the case of a towage contract. (-) SHU v. Brown, 9 C. & P. 601. See Malton v. Neibit, 1 C. & P. 70. In this case, which was an action for neg-ligently navigating a ship, whereby she was wrecked, and the plaintiff lost his passage in her, it was held that evidence of specific acts of negligence on the part of the master and crew, unconnected with the matter complained of, was not admissible. (-) Ante, p. 449. the regulation has been infringed is to be deemed to be in fault (y), unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulation necessary (z). Duty of ships In addition to the above provisions, the Merchant Shipping ofteHncMe-ct Amendment Act, 1862, provides, by sect. 33, that in every of collision. case of collision between two ships it shall be the duty of the person in charge of each ship, if and so far as he can do so without danger to his own ship and crew, to render to the other ship, her master, crew and passengers, su...