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Lloyd's Law Reports

THE "BRITISH CONFIDENCE."

[1951] 2 Lloyd's Rep. 615

ADMIRALTY DIVISION.

Before Mr. Justice Willmer, sitting with Commodore R. L. F. Hubbard, Elder Brother of Trinity House.

Collision-River Humber-Anchored vessel -Lights-Look-out-Collision between plaintiffs' steam trawler St. Apollo and defendants' motor vessel British Confidence in River Humber - St. Apollo inward bound; British Confidence, also inward bound, at anchor, heading up river in mid-channel, without lights, about one mile to the eastward of Upper Burcom Buoy-Failure of lights on British Confidence five minutes before collision -Emergency oil riding light ordered to be exhibited forward to warn vessel seen to be approaching from about two miles up river-Impact between stem of St. Apollo and stern of British Confidence - either vessel sighted by the other before collision- Evidence that lighting system of British Confidence had previously broken down on the voyage and had been temporarily repaired; that although it was known that the lighting system was defective, no emergency plan had been worked out in anticipation of a further breakdown; that the ship's engineers were aware, at least 15 minutes before the event happened when British Confidence was anchored, that the lights would again fail, but that no warning was given to the officer of the watch- British Confidence admittedly to blame for her failure to show anchor lights- Whether St. Apollo was also at fault in failing to observe unlighted British Confidence ahead-Humber Rules, 1910, Rule 19.

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