THE LAIRA-WAKATIPU COL. LISION.

Press, Volume LV, Issue 10146, 20 September 1898, Page 5

THE LAIRA-WAKATIPU COL. LISION.

(PRESS ASSOCIATION TELEGRAM.)

DUNEDIN, September 19, Mr Justice Pennefather, to-day, gave a lengthy judgment in tbe case in the Admiralty jurisdiction of the Supreme Court in which the owner of the Laira, sunk at the wharf by the Wakatipu, claimed damages from the Union Company, the owners of the latter vessel. He reviewed tha circumstances at length, and said he thought the Wakatipu was coming up the channel at a speed exceeding nine knots; He thought there wore other steps which the captain could have taken to prevent a collision, or to minimise its effect, such as the reversing of the engines sooner, to let go the port anchor, and, if necessary, the starboard anchor also. He was not satisfied tha| cros* sine* an unknown shoal was tho cause of the accident. In concluding, his Honour said :—. The only question here to be decided is whether the loss of the Laira shall be borne by her owner, who is in no way in fault, or by the owners of the vessel whiob ran her down. As the defendants have -failed to prove that the accident was inevitable, I hold that the loss must fall on them. In this view, I am fortified by the concurrence of both nautical assessors." The question of costs and the mode of procedure in the assessment of damages was, by consent of counsel on both sides, postponed until tomorrow morning, when these matters will be decided in Chambers.