Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
History
Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
Alert (Ship : 1877-1893); Liability for marine accidents; Navigation -- Australia -- History; Shipwrecks -- Australia -- Victoria
and it is a very common error to suppose that it is the point about
which the ship rolls. So far from this being the case, that a ship
really does not roll about any fixed axis whatever, it is only in
scientific language that she can be said to roll about an axis at
all, the axis being an instantaneous one, that is, one which is
constantly changing. In the case of ships whose cargoes are badly
stowed, so that as the ship rolls the cargo shifts, stability, or
righting force, is largely diminished, and there is thus little or
no tendency to return to the upright, the ship rolling, as it were,
lifelessly about at the mercy of the waves. Water-logged ships
afford another illustration of the same state of things, but in
these cases the evil is aggravated, as the water moves so freely
that a _momentum_ is acquired which holds the ship back even when
the waves have a tendency to restore her to the upright. We are not
in a position to estimate the proportion of losses at sea which are
caused by bad stowage; it is, without doubt, considerable, and when
we remember how comparatively small a difference in the disposition
of the cargo will affect the behaviour of the ship at sea, we are
inclined to think that as many losses may be put down to this cause
as to overloading. We must not be understood now to refer to loose,
imperfect stowage, though that is the cause of great evil, but to
improper disposition of the weight. This can only be remedied by the
more general diffusion and appreciation of scientific knowledge;
ignorance and carelessness, not greed, are the chief causes of
mischief in these cases. So far as the question of stability is
concerned, steamers require less freeboard than sailing ships;
strong ships less than weak ones, and it is even possible to have a
prescribed freeboard, according to rule, and yet such conditions of
stowage that the ship would be safer if immersed deeper.”
One of the witnesses for the defence stated that the _Alert’s_
displacement, with everything on board except cargo, was 312 tons,
and that her surplus buoyancy was 400 tons. Assuming this statement
as correct, then by adding 44 tons—the weight of the cargo said
to have been on board during the fatal voyage—I find the total
displacement to have been 356 tons. This leaves the surplus buoyancy
to be exactly 100 per cent. or half of the whole. If this were really
the case, and in addition the ship trimmed heavily by the stern, need
there be any wonder why, when the ship rolled her lee bulwarks under
water, she was unable to rise to an upright position?
APPLICATION FOR A NEW TRIAL.
“The law is a sort of _hocus-pocus_ science that smiles in yer face
while it picks yer pocket, and the glorious uncertainty of it is of
mair use to the professors than the justice of it.”
—_Macklin._
“Law was made for property alone.”
—_Macaulay._
Public-domain text, read in full here on John Shaqi.
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