London and Glasgow Engineering and Iron Shipbuilding Co., Ltd v. The Anchor Line (Henderson Brothers), Ltd - The "Assyria" [1903] ScotLR 40_753 (07 July 1903)

London and Glasgow Engineering and Iron Shipbuilding Co., Ltd v. The Anchor Line (Henderson Brothers), Ltd - The "Assyria" [1903] ScotLR 40_753 (07 July 1903)

The owners of the 'Assyria' are not liable for the collision because the vessel was under the control of a compulsory pilot, the pilot was informed of the vessel's trim and elected to proceed, and all his orders were obeyed. Any fault in navigation or in accepting the vessel's trim was the pilot's responsibility, not the owners'. The statutory exemption under Merchant Shipping Act 1894, s.633, applies.

Citation
[1903] ScotLR 40_753
Parties
Pursuer/appellant: London and Glasgow Engineering and Iron Shipbuilding Company, Limited; Defender/respondent: The Anchor Line (Henderson Brothers), Limited
Jurisdiction
Scotland
Judgment Date
07 July 1903
Procedural Posture
Civil Appeal (shipping Collision Damages) / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
appeal dismissed; defenders assoilzied (absolved)
Legal Topics
Collision, Compulsory Pilotage, Proof of Fault, Onus of Proof, Trim of Vessel, Merchant Shipping Act 1894 S.633
Shipping Law Maritime Law Collision Compulsory Pilotage Proof of Fault Onus of Proof Trim of Vessel Merchant Shipping Act 1894 S.633

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Parties

London and Glasgow Engineering and Iron Shipbuilding Company, Limited

Pursuer/appellant

The Anchor Line (Henderson Brothers), Limited

Defender/respondent

Procedural Posture

Civil Appeal (shipping Collision Damages) / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the owners of a vessel are liable for a collision occurring while the vessel is under the control of a compulsory pilot.
  2. 2 Whether defective trim of the vessel constitutes fault attributable to the owners or to the pilot under compulsory pilotage.
  3. 3 Whether the defenders discharged the onus of proof required to claim statutory exemption under Merchant Shipping Act 1894, s.633.

Ratio Decidendi

The owners of the 'Assyria' are not liable for the collision because the vessel was under the control of a compulsory pilot, the pilot was informed of the vessel's trim and elected to proceed, and all his orders were obeyed. Any fault in navigation or in accepting the vessel's trim was the pilot's responsibility, not the owners'. The statutory exemption under Merchant Shipping Act 1894, s.633, applies.

Court Disposition

appeal dismissed; defenders assoilzied (absolved)

Orders

  • Appeal dismissed.
  • Judgment of Sheriff affirmed.