Kerr v. Screw Collier Co., Ltd [1909] UKHL 99 (14 December 1909)

Kerr v. Screw Collier Co., Ltd [1909] UKHL 99 (14 December 1909)

The Forth from the Forth Bridge upwards is a narrow channel within the meaning of Article 25 of the Regulations for Preventing Collisions at Sea 1897. The 'Prudhoe Castle' was on the wrong side of the channel at the time of collision and was solely to blame. No contributory fault was established against the 'Ruby'.

Citation
[1909] UKHL 99
Parties
Pursuer/respondent: Kerr; Defender/appellant: Screw Collier Company, Limited
Jurisdiction
United Kingdom
Judgment Date
14 December 1909
Procedural Posture
Appeal (admiralty/civil) / House of Lords Judgment on Appeal From First Division, Court of Session
Outcome
appeal dismissed
Legal Topics
Collision at Sea, Narrow Channel Rule, Interpretation of Maritime Regulations
Maritime Law Admiralty Law Collision at Sea Narrow Channel Rule Interpretation of Maritime Regulations

Case Brief

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Parties

Kerr

Pursuer/respondent

Screw Collier Company, Limited

Defender/appellant

Procedural Posture

Appeal (admiralty/civil) / House of Lords Judgment on Appeal From First Division, Court of Session

Legal Issues

  1. 1 Whether the Forth from the Forth Bridge upwards constitutes a 'narrow channel' under Article 25 of the Regulations for Preventing Collisions at Sea 1897
  2. 2 Whether the vessel 'Ruby' was also at fault in the collision with 'Prudhoe Castle'

Ratio Decidendi

The Forth from the Forth Bridge upwards is a narrow channel within the meaning of Article 25 of the Regulations for Preventing Collisions at Sea 1897. The 'Prudhoe Castle' was on the wrong side of the channel at the time of collision and was solely to blame. No contributory fault was established against the 'Ruby'.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with expenses.