BOTH TO BLAME.

New Zealand Herald, Volume XLV, Issue 13927, 8 December 1908, Page 5

BOTH TO BLAME.

' • •'• —~ ;■'; '■;.*„. ■'•: SYDNEY HARBOUR COLLISION. WAIRUNA AND MINTARO. ~ By Telegraph.— Association.—Copyright. (Received' December 7, 10.5 .p.m.) ■.; . , • Sydney,. December 7, > In the Vice-Admiralty Court'to-day judg- ;■ ' ment -was delivered in , the . cases arising out of the Wairuna-Mintaro collision in Sydney Harbour on October 7, both parties claiming £6000. The judge said a mistake, hod been made on board the Mintaro in not keeping a. proper lookout. ■ The captain, by exercis- "i ing ordinary care, could have avoided any risk of collision. He thought, therefore, that his negligence was one of -the' proximate caused. He was further of opinion.. that the captain of the Wairuna was guilty: of neglect; and of. omission to take such reasonable precautions as the circumstancesof the case required, which, to some extent, were the cause of the collision. : .He ■ should have taken more than the usual pre- j cautions to warn,vessels coming up behind j him. ' Had these precautions,'which "v*re j no more than were required by the exercise of ordinary care been observed, the collision could have been avoided. He should have kept a proper lookout astern. He held both vessels to blame, and the party whose* « vessel had • sustained the * smaller 'damage ,1 would have to pay the other balance, • between the moiety'of bis own loss;- and the moiety of the.loss of the other,'the parties to pay their own. costs. — ;;. : * ■■.. ! , J .". f """;;'.;: r;';;;. hrr^M