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
but defendants’ witnesses said the cargo did not make the slightest
difference to her, so long as she was handled properly. A great deal
had been said about the bunker lids, but there was no evidence to
show that they got out of position, or that any water got through
the bunker holes. This was a weak part of plaintiff’s case. As to
the grating over the stoke-hole, the defendants averred that they
had provided canvas to cover it, and it would be a hard thing to
say that the defendants ever knew, or ought to have known, that the
grating, unless protected by iron or wood, was such a danger as to
render the ship unsea-worthy. The wooden awning had been condemned by
some of the experts as unusual on a small ocean-going steamer. In the
ordinary way, perhaps, such an awning would do no harm, but if the
wind came to blow on the beam, the awning became a kind of fulcrum
against which the wind pressed, and helped to heel the ship over. On
the other hand, two of the witnesses for the defence had said that
the effect of the awning would be contrary and would help to heave
her stern up. Then there was the pantry window on which there had
been such a tremendous onslaught. It was said that it was a source
of danger to the ship, and supposing they (the jury) came to the
conclusion that it rendered the vessel unsea-worthy, they would have
to ask themselves the question, “Did that danger contribute to the
foundering of the ship in this case?” They (the jury) must not only
find that it was a source of danger, but they must also find that the
defendants knew, or ought to have known, it was so, to the extent of
making the ship unsea-worthy.
He (His Honour) regretted very much that the witness Ponting had been
attacked by Mr. Purves. The unfortunate man was the sole survivor of
the wreck, and had spent the whole of that tempestuous night on the
sea, and had done nothing to deserve being spoken ill of. Ponting had
given his evidence in a proper manner, and appeared to be a decent
sort of man; certainly not the kind of being Mr. Purves sought to
make out. Mr. Purves had also said that Ponting had been saved by an
act of Providence, but he (His Honour) did not know why Providence
should have shown any more consideration for Ponting than for anyone
else on board the ship. The man was, providentially no doubt, saved
by his own perseverance and tenacity. If Ponting’s story was true,
undoubtedly the pantry window did give way and the water poured in.
If the jury found that the captain neglected his duty, they would
have to find a verdict for the defendants. On the other hand, if they
found a verdict for the plaintiff with damages, they would have to
say how much they would apportion to the widow and how much to the
child.
In reply to His Honour the foreman of the jury said they would prefer
to consider their verdict next day.
Public-domain text, read in full here on John Shaqi.
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