Plymouth memories of an octogenarianDavis, William T. (William Thomas)
History
Plymouth memories of an octogenarian
Davis, William T. (William Thomas)
Plymouth (Mass.) -- History
After the decision of the Court was read, Mr. Rothery, the proctor
for the Europa, gave notice of appeal. All appeals from the Admiralty
Court, which until the time of William 4th were made to the High
Court of Admiralty, are now made to the King in council, and are
referred to the Judicial Committee of the Privy Council, which
committee is composed of the Chief Justice of the Court of King’s
Bench, the Master of the Rolls, the Vice Chancellor of England,
and other ex-officio officers. The appeal in question was heard by
Lord Justice Cranworth, Lord Justice Sir James Knight Bruce, Sir
Herbert Jenner Fust, and Sir Edward Ryan, and judgment was delivered
by Lord Justice Cranworth, December 1, 1851. It is unnecessary to
relate the grounds of the judgment of the committee, as they were
for the most part the same as those which entered into the decision
of the Admiralty Court. There is one part, however, to which I wish
to refer, because it lays down a rule for the guidance of ocean
steam navigators, broader and more exacting than any suggested
by the Admiralty Court. An important question in the examination
of witnesses was whether it would have been possible to stop the
steamer, or so far stop her as to enable her to get out of the way
within the distance between the two vessels when they were first seen
by each other. The preponderance of testimony was that she could not
if going twelve and a half knots an hour. The peculiarity of this
question is that an answer either in the affirmative or negative
would bear against the Europa. If she could get out of the way and
did not, she is to blame. If she could not get out of the way, the
committee say that “it follows as an inevitable consequence that she
was sailing at a rate of speed at which it was not lawful for her to
navigate.” The judgment closes as follows: “Their lordships have come
to the opinion that the accident was without default on the part of
the Charles Bartlett and was through the neglect of the Europa. The
consequences will be that the appeal will be dismissed with costs.”
In closing the narrative of this important case it is pleasant to
remember the enconiums of the London press on the intelligence and
general demeanor of our late townsman, Capt. William Bartlett,
as displayed by him during the trial. The master mariners of New
England were fortunate in having in a foreign land so worthy a
representative.
CHAPTER XII.
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