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
_Q._—Is this a rule of Lloyd’s: “The engine room skylights are to
be in all cases securely protected, the gratings over stoke-hole
must also be protected with iron plates?” _A._—That rule does not
refer to the grating openings on top. There is no occasion to have
any cover whatever to those gratings. There was no necessity to
have any protection to the pantry window; I did not look upon it as
dangerous. I don’t think there would be any special liability on the
part of that window to burst in when the vessel was on her beam ends.
It would not be a serious matter if it did burst in. I could put a
cushion in and stop it. There was no danger in the grating, and none
in the pantry window.
Re-examined by Mr. Purves: Apart from my position at Lloyd’s, I
have built many thousands of tons of ships. My business was a
shipbuilder, and when busy, I have built over 20,000 tons a year. The
reclassification of the _Alert_ brought her to her original status
equal to a new ship just built. I am trusted with Lloyd’s business in
Melbourne, and have a free hand. The amount of freeboard a ship has
is no proof of her sea-worthiness.
THOMAS HOUSTON, examined by Mr. Mitchell, stated: I am a marine
surveyor for this port. I have had over thirty years’ experience as
ship master, mostly in sailing vessels. I have been in steamships,
but not in command. I have been in Melbourne about nine years. I
knew the _Alert_ well, and have been frequently on board. I have been
under her twice while she was in dock, not in a professional way,
but as a contractor for painting. I have no reason to suppose for a
moment that the vessel would be unsea-worthy. I have been a passenger
in the _Alert_ up and down to Geelong, and in a convivial sort of
way I recollect the pantry window. I could not say its height above
the main deck, but I think it was about half way up the front of the
poop, and the latter was between three and four feet high. I don’t
know how it was fastened. There was nothing about the window to make
the ship unsea-worthy. Any practical man could make the window tight
without bolts or anything else, so that it would not take a gallon of
water in an hour. I have no knowledge of the height of the grating,
but I am told it was seven feet above the main deck. I don’t see any
necessity for cleats; it could be secured in various ways, so that no
water would go down, and the bunker lids also could have been easily
protected by placing a piece of canvas over them. I think the wooden
awning would have assisted to bring the ship to the wind and keep her
there. If the vessel was on her beam ends, the awning would in all
probability tend to throw her over, but by that time she would be
too far gone to recover herself, and hence it would make very little
difference. The fact of having the wooden awning where it was would
not make the ship unsea-worthy.
Public-domain text, read in full here on John Shaqi.
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