THE LOST VALKYRIE.

New Zealand Herald, Volume XXXII, Issue 9734, 2 February 1895, Page 2 (Supplement)

THE LOST VALKYRIE.

ACTION FOR DAMAGES AGATNST THE SATANITA. Mr. Justice Bruce and Trinity Masters have hdard the action for damages brought by the Earl of Dunraven and others against Mr. Arthur D. Clarke. The action arose out of the collision in the Clyde between the known racing yachts Valkyrie and Satanita, in which the former was sunk. The master and crews of the Valkyrie were suing for the loss of their clothes and effects. The defendant* Mr. Clarke, admitted his liability, but submitted that he was entitled to limit his liability to £8 per ton on the registered tonnage of the Satanita, but the plaintiff contended that he could not do this, as by the yachting rules the negligent party must pay all the damages caused by collision during a race. The first point gone into was as to the liability of the .Satanita, and the owner and captain having given evidence, Sir W. Phillimore announced that he could not now say the collision occurred With Mr. Clarke's privity; and, therefore, the legal point was done with in favour of the defendant. He should, however, submit that the terms of the race laid down that each parly were bound to pay full damages. Sir H. Webster said he should contend that there was no contract made with the owner of tbe Valkyrie. Mr. Justice Bruce said that the collision occurred without Mr. Clarke's actual fault or privity. As regarded the point whether there was any contract by reason of the rules of the race, it seemed to him in the highest degree improbable that Mr. Clarke should waive his protection under the statute; If this was a contract ib was not one by which Mr. Clarke agreed to abandon tights given to him by law. It was improbable if his liability were unlimited that he should have agreed to entrust his yacht to amateurs. Mr, Clarke was entitled to have his liability limited, the defendant to pay the costs of proving the limitation of his liability, but any costs over that the plaintiff would pay;