COLLISION AT SEA.

Dominion, Volume 2, Issue 322, 8 October 1908, Page 4

COLLISION AT SEA.

THE PENCUIN-CERTIE INQUIRY. PENGUIN AT FAULT. SECOND MATE'S CERTIFICATE SUSPENDED. Tho reserved decision of tho Nautical Court in the magisterial inquiry was delivered by Dr. M'Artluir, S.M., yesterday morning. Tho Court found that tho Penguin, a steamer of 514 net tonnage, was, on September 3, 1908, on a voyage from Nelson to I'icton. About 1.50 p.m., with a fair breezo and fine weather, she passed Chotwodo Islands, and steered for Capo Jackson on an E. :1 S. magnetic course, at a speed of 12J knots an hour. Tho Gertie, a steamer of 110 net tonnage, was oil tho same day on a voyage from Wcstport to Picton. About 11.45 a.m. sho passed Stephen's Island, and steered a S.-E. J E. magnetic courso for a mile to tho west sido of Capo Jackson, going at a speed of eight knots an hour. Tho weather was fine, and there was a fair breezo from tho north-west. The ships first saw each other about 2 p.m., when six or seven miles apart, and had a full view of each other until thoy collided at 2.49 p.m. . .. On the part of tho Penguin it was alleged that thoy wero crossing ships, and that the Gertie improperly ported her helm when tho vessels wero close together, and thus ran into tho Penguin"on tho port side. On the part of tho Gertie it was alleged that tho Penguin was an overtaking ship; that sho came right on tho Gertie's quarter, and about half of her length away; that the Gertie did hot alter her courso; that the Penguin, while running past, struok the Gertie; and that just beforo the vessels struck tho Gertie's port engine was stopped. Tho Court took it, upon tho evidence us a whole, to bo proved that the position of the vessels was very much what tho captain of tho Gertie had stated it to be, viz., that for somo timo before the collision tho ships wore running 011 nearly parallel courses, with the Penguin somewhat abaft of the Gertie. The quest-ion was, whether, under the circumstances, tho vessels were crossing vessels, or whether 0110 was a shin overtaking the other. The. Penguin was admittedly going faster than tho Gertie. It was impossible that.the vessels could havo touched had this not been so, and it was also evident that their courses would eventually cross each other. Now, under the circumstances, could two ships in those-positions he said to bo crossing ships? If tho hinder of two ships was going faster than the other sho was an overtaking ship. In tho opinion of the Court, the Penguin was an overtaking ship, and it was impossible to say that the Gertie was an approaching ship, for when one ship was overtaking another within tho meaning of tlio regulations, the leading ship could not he said to bo approaching tho hinder vessel. Tho Penguin should, as an overtaking vessel, have kept out of the Gertie's way,.and had she done so the collision would not havo occurred. It was the duty of tho Gertie to kee[) 011 her course, and, in tho Court's opinion, sho acted rightly by stopping tho port engine when she did. Tho master of the Penguin did what was right when'ho came on dock and ported tho holm, but 110 was too lato. Tho second mate of the Penguin ought to havo kept out' of tho Gertie's way when he gave his master the first ring, and had 110 done so all would have boon well, Instqad of doing so, 110 continued his courso at tlio same speed until it was too lato to prevent a collision. As to tho Gertie's porting hor helm, tho Court did not think it. was done further than to keep her steady. The Penguin's chief steward said that, if the captain had not ported quickly, 110 thought they would have struck the Gertie, as the Ponguin was the overtaking ship. This was precisely what, the Court bolioved. After .quoting several' -.cases' whicli lie thought applicable to the present caso, . Dr M'Arthur said that, in the opinion - of the Court, the Penguin; was'an overtaking vessel, and ought to hiivo kept out of .the way :of the Gertie. . This' she could. easily have dono if properly handled by tlio second mato when ho.saw: there was a.risk of collision, The Court did not consider that tho master of the Penguin: was in any way to blame, but, on the other hand, that 110 did what lid could to avert tlio. collision as sooii as 110 became aware of tho danger. Neither did the Court think the Gertie's master in fault, inasmuch as it did not believe his holm was ported more than was necessary to koep his vessel on,her course. The following answers to tho questions were given:— (1.) The collision was wholly duo to tho Penguin, being tho overtaking ship, not keeping out of tho way of tho Gertie, and that the ofiiccr responsible was Frederick Raymond Gamble, the second mate of tho Penguin.. (2.) The second mato of the Penguin committed a breach of Article 2-1 of the Regulations for Preventing Collisions at Sea by not keeping out of tho way of tho overtaken vessel, the Gertie. (3.) The collision was caused by tho negligence of the second mato of the Ponguin. Tho cortificato of Frodorick Raymond Gamble was therefore suspended for a period of three months, and lie was ordered to pay £6 Cs. towards tho costs of the inquiry..