Laird Line, Ltd (Owners of S.S. "Rowan") v. Clan Line Steamers, Ltd (Owners of S.S. "Clan Malcolm") [1923] ScotLR 265 (13 January 1923)

Laird Line, Ltd (Owners of S.S. "Rowan") v. Clan Line Steamers, Ltd (Owners of S.S. "Clan Malcolm") [1923] ScotLR 265 (13 January 1923)

The first collision was caused by the fault of the 'Rowan' in entering fog at full speed and failing to sound fog signals, and by the fault of the 'West Camak' in giving an improper helm order. The second collision was caused by the fault of the 'Clan Malcolm' in proceeding at excessive speed in fog and by the 'Rowan' in failing to sound appropriate signals and display distress signals. The 'Rowan' was salveable after the first collision; the onus was on the 'Clan Malcolm' to prove otherwise, which it failed to do. Liability for the second collision is apportioned two-thirds to the 'Clan Malcolm' and one-third to the 'Rowan'.

Citation
[1923] ScotLR 265
Parties
Pursuer/defender: Laird Line, Limited (Owners of S. S. 'Rowan'); Defender/pursuer: United States Shipping Board (Owners of S. S. 'West Camak'); Defender/pursuer: Clan Line Steamers, Limited (Owners of S. S. 'Clan Malcolm')
Jurisdiction
Scotland
Judgment Date
13 January 1923
Procedural Posture
Admiralty Collision Damages / Appeal (reclaiming Motion) From Lord Ordinary to Inner House
Outcome
Liability apportioned; decree of absolvitor for 'West Camak' in action by 'Rowan'; damages to be proved in counter-action; 'Clan Malcolm' liable for two-thirds, 'Rowan' for one-third of losses in second collision.
Legal Topics
Ship Collision, Negligence, Contributory Negligence, Apportionment of Liability, Fog Navigation, Obligation to Sound Signals, Moderate Speed in Fog, Burden of Proof in Maritime Loss
Admiralty Maritime Law Tort Ship Collision Negligence Contributory Negligence Apportionment of Liability Fog Navigation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 39 Party arguments 2 Amounts and remedies 22
Sign in to unlock

Parties

Laird Line, Limited (Owners of S. S. 'Rowan')

Pursuer/defender

United States Shipping Board (Owners of S. S. 'West Camak')

Defender/pursuer

Clan Line Steamers, Limited (Owners of S. S. 'Clan Malcolm')

Defender/pursuer

Procedural Posture

Admiralty Collision Damages / Appeal (reclaiming Motion) From Lord Ordinary to Inner House

Legal Issues

  1. 1 Whether the 'Rowan' or 'West Camak' was at fault in the first collision
  2. 2 Whether the 'Rowan' or 'Clan Malcolm' was at fault in the second collision
  3. 3 Whether the 'Rowan' was salveable after the first collision or was rendered unsalveable before the second collision

Ratio Decidendi

The first collision was caused by the fault of the 'Rowan' in entering fog at full speed and failing to sound fog signals, and by the fault of the 'West Camak' in giving an improper helm order. The second collision was caused by the fault of the 'Clan Malcolm' in proceeding at excessive speed in fog and by the 'Rowan' in failing to sound appropriate signals and display distress signals. The 'Rowan' was salveable after the first collision; the onus was on the 'Clan Malcolm' to prove otherwise, which it failed to do. Liability for the second collision is apportioned two-thirds to the 'Clan Malcolm' and one-third to the 'Rowan'.

Court Disposition

Liability apportioned; decree of absolvitor for 'West Camak' in action by 'Rowan'; damages to be proved in counter-action; 'Clan Malcolm' liable for two-thirds, 'Rowan' for one-third of losses in second collision.

Orders

  • Decree of absolvitor for United States Shipping Board in action by Laird Line, Limited.
  • Continue counter-action by United States Shipping Board for proof of damages.