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
“The Victorian Full Court lately granted a new trial in the _Alert_
case, with costs against the unfortunate woman who won a verdict some
few months ago. The _Alert_ foundered in a gale off Port Phillip
Heads, and all hands, save one, were drowned. Mrs. Kilpatrick, widow
of the second engineer, sued Huddart, Parker and Co., for damages,
alleging that they had not taken every reasonable means to ensure
the sea-worthiness of their vessel, her complaint being bracketed,
so to speak, with a suggestion that the said _Alert_, having little
margin of sea-worthiness to spare, stood always in need of special
precautions against accident. The case was tried by Judge Williams
and a jury of six, and Mrs. Kilpatrick was awarded £600 damages.
Judge Williams explained his view of the law concerning shipowners’
responsibility, and analysed the evidence, and did his best, no
doubt, to procure a fair, honest expression of intelligent opinion
from the jurymen. Messrs. Huddart, Parker and Co. availed themselves
of the Law of Appeal—which is the birthright of capital, and will
remain its birthright until the people arise and kick. The Full Court
set aside the verdict of Justice Williams’ jury. Widow Kilpatrick
asked for justice, and thought she had got it in the form of £600
damages. Had _she_ lost the case, she didn’t possess the money-power
to appeal—but this is, in legal eyes, an irrelevant detail. The Full
Court finds that the outcome of a long trial was not justice, nor
law, nor anything except costs. Justice Madden and his two colleagues
ruled that “the jury had never considered the case in its true legal
aspect.” Nobody knows the law, says the lawyers, nevertheless the
true aspect of the thing they can’t swear to is easily recognised.
This by the way. Perhaps the jurymen who gave damages to the
engineer’s widow were all wrong, according to the Act. If so, Judge
Williams, their adviser, should have told them that no vessel
certificated by the Marine Board, and floating comfortably on the
water, can be called unsea-worthy. The lack of proper fastenings to a
pantry window may be of grave consequence when the vessel gets on her
beam ends, “but this defect would not be obviously dangerous,” in the
ordinary way, and sea-worthiness is estimated in quite an ordinary
way, says the Full Court. Judge Williams, by this showing, should
have directed the jury to find for the defendant, but the Full Court
made no reference to him. Common-sense asks why Justice Williams
allowed an obviously absurd verdict to pass. And if he couldn’t
squelch it on the spot, why couldn’t he, seeing that one judge is, or
ought to be, as good as the rest of them? And if it wasn’t absurd—but
the list of questions that suggest themselves is appalling. The
answer is costs. An appeal to a higher court is an accusation of
injustice, or ignorance, or dense stupidity against the lower court.
The setting aside of a jury’s verdict, on the ground that they “never
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account