Tugmaster, Yachtsman Both Found At Fault

Press, Volume CIII, Issue 30472, 20 June 1964, Page 17

Tugmaster, Yachtsman Both Found At Fault

(N«w Zealand Press Association)

AUCKLAND, June 18. An Appellate Court today held that the master of the tug Otapiri failed to keep a proper look-out for the yacht, Faith IL which collided with the barge Moneau off Cheltenham beach in . March last year. The Otapiri wks towing the barge at the time. The judgment given was in an appeal against the findings of a marine court of inquiry into the collision. The Appellate Court consisted of Mr Justice Boys with three assessors—Captain Q. W. Simpson, Captain W. E. Aspden and Mr R. C. Goldie.

His Honour said it was the Court’s opinion that the master of the tug was fixed with responsibility by. a breach of good seamanship in lengthening his tow where he did in the conditions of tide and

weather existing at the time. It was inescapable that, without a yaw of the barge, the yacht would have sailed astern of It, and as a necessary consequence, that the shorter the tow had been, the further astern the yacht would have sailed. The evidence also warranted the inescapable conclusion that the tugmaster failed to keep a proper lookout, irrespective of the fact that the yacht carried no stern light Failure of the yacht to carry a- stern light did contribute to the accident and the failure of the crew of the yacht to interpret masthead lights carried by the tug and barge also contributed in “a most significant way.” The Court found that responsibility was 60 to the tugmaster and 40 on the part of the yacht owner.

Thomas Gary. Davies, aged 22, a student, one of the crew of the yacht, was killed in the collision.