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
Mr. Gossett was, however, inexorable, although the captain pleaded
that he was nearly ready for sea, and there was not time to get a
boat built. At length the difficulty was got over by the _Queen of
the Thames_ getting the _Lady Jocelyn’s_ long boat and the latter
ship giving an order for a new one in its place. As may be imagined
Captain McDonald, in anything but a good humour, quickly sailed for
London. On the way there the ship got wrecked close to the Cape of
Good Hope, and that very boat which the captain had so reluctantly
taken with him was the principal means of saving all hands from a
watery grave! I may just add that the _Queen of the Thames_ was
classed AA I at Lloyd’s, a much higher class than that of the
_Alert_, and yet Mr. Gossett, I am glad to say, refused to recognise
the certificate—although undoubtedly a high one—and had the courage
to carry out what he believed to be a measure for the safety of all
concerned.
During the progress of the arguments in the Kilpatrick v. Huddart,
Parker and Co. appeal case, Mr. Justice Hood, in commenting on the
rig of the _Alert_, said: “No doubt had there been another mast in
the ship persons would have come forward and said that was the cause
of the disaster.” While Chief Justice Madden, on the same subject,
was of opinion that “the first thing a captain would do, if there
was a second mast with a sail up, would probably be to strip it off
like a shot.” With regard to both of these opinions, although I feel
constrained to comment at length on them, I must, for the sake of
brevity, content myself with the remark that the dictum or logic they
contain “may do for the marines, but certainly won’t do for sailors.”
Public-domain text, read in full here on John Shaqi.
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