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 plaintiff brought an action under an Act of Parliament, by which,
providing the action were brought within a certain time, she was
entitled to recover damages if the loss of her husband was caused by
the neglect of the defendants. Her ground of action, shortly put,
was that the death of her husband was caused by the negligence of
the defendants. She said in effect that it was part of the contract
of the defendants to take all reasonable means to provide that
their ship should start on all voyages in a reasonably sea-worthy
condition. Sea-worthy condition meant that the ship should be in a
fit state to encounter all the perils of a sea voyage. Of course,
if a vessel got into a cyclone, a typhoon, or some terrible storm
that overwhelmed her, the owners were not to be blamed for that.
Such an occurrence would be due to what Mr. Purves had called “the
act of God.” Speaking for himself he (His Honour) thought the
Almighty got the credit, or the discredit, for many of these things
of which it would be better to say that such occurrences were due
to the destructive agencies of nature for which the owners were not
responsible. He (His Honour) did not give the Almighty the credit
for slaughtering the human creatures He had created right and left
in this indiscriminate manner. The plaintiff, to support her cause
of action, had first to prove that the ship was not sea-worthy,
and then, to render the defendants liable, she would have to prove
that the vessel was not sea-worthy by reason of some precaution not
having been taken by the defendants which they should have taken.
The defendants pleaded that they did take all reasonable means of
making the vessel sea-worthy, and were not guilty of any neglect,
and that, even if this were not so, the cause of the foundering was
the improper navigation of the captain. If that were so, the owners
were not responsible, because the ship did not founder through
their fault, but through the fault of the captain. Owners were not
responsible for the rash act of a captain at sea. This was important
to bear in mind in this case, because the defendants endeavoured to
show that the ship would have come through the gale all right if
she had been properly handled by the captain. They said that if he
had made things all right fore and aft, and had put the covers over
the gratings, he would have come through right enough. If the jury
thought that the foundering of the vessel was contributed to by the
negligence of the defendants, then their duty was to find a verdict
for the plaintiff. They (the jury) had a difficult task to perform,
because they had to decide between experts. Doubtless the jury knew
something of the sea; probably they had all made long voyages, but
what was their knowledge as compared with that of those who were bred
up to the sea, whose nursery was the sea, and who could with a glance
of the eye tell more than the best amateur sailor who ever lived?
Public-domain text, read in full here on John Shaqi.
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