THE ROM STRANDING.

New Zealand Herald, Volume LX, Issue 18495, 4 September 1923, Page 5

THE ROM STRANDING.

SURVEYOR OR SALVOR?-

SALVAGE SERVICES CLAIM.

ACTION". TO RECOVER £600.

A claim for £600 'for,', salvage , services alleged to have been rendered to the steamship Rons when- the vessel struck Flat Rock, on June 26, 1922, was begun before Mr. Justice Herdman*in the Supreme Court yesterday.. Plaintiff, , Charles Ernest Hood (Mr. Bagnallj, master mariner, based his claim upon -the advice and assistance he alleged he -gave to Captain Wallis, the master of the Rona, in regard to the refloating of the vessel,': and the salvage of her cargo. The defendants, the

Colonial Sugar Refining Company (Mr.. J. M. Meredith, and Mr. Hore), owners of the Rona, contended that the services plaintiff had rendered were in his capacity as a surveyor of cargo,. and no other. Further, the master did not seek the, advice and assistance of plaintiff, but acted entirely upon his own judgment and initiative. Defendants had paid.into Court £31 10s and submitted that this amount was sufficient remuneration for plantiff's services. ~

Mr. Bagnall said ho did hot intend to open for plaintiff that day. ■ Tho Rona was sailing shortly and it was intended, to call Captain Wailis and certain of his officers to give evidence for the defence. Mr. Meredith stated that plaintiff was the marine surveyor in Auckland for defendants, and he acted under an annual retainer from them. On the occasion of the stranding, the local manager of the company asked plaintiff to render what assistance Ihe could, but all -the steps taken to refloat the Rona were decided upon by Captain Wallis before plaintiff appeared on the scene. Plaintiff's claim for salvage bad as little foundation in law as it had merit in fact. ."';"■'

Captain Wallis, Gives Evidence. '•'! Captain James Alan Wallis," master of the Bona, described the steps he \ took after his vessel struck .Flat Rock. The engines were kept working ahead to hold the vessel on the rock. He also had No, 1 hatch in the 'tween-deck "tommed"' down, and the ventilator between Nos. 31 and 2 holds stopped to prevent water getting into other compartments: Lighters were asked for from Auckland by wireless;.' His aim was to lighten the vessel forward by putting out 1600 tons of sugar. Plaintiff and others arrived in the Te Awhina about 1 a.m. on June 27, some six hours after the vessel struck. The sea was as smooth as glass. Plaintiff told him he had been sent by the manager to give him any advice or help he could. " I welcomed him on board," said witness, " hs one of ourselves, and as the company's surveyor," . Did you understand Captain .Hood had come to take . charge ?—Not at all; . I would never dream of it. I do not know very much about law, but I do know that so far as the master of a ship is concerned he is responsible, not only to his agents, but also to the underwritersYou would not have given up control ? —Certainly not. Nor allow anybody else's judgment to sway you in any way ? —Not at all. " Never "..Went to Plaintiff for Advice. Witness. continuing, said he ever went to plaintiff for advice. His mind was made up before plaintiff arrived. A request was stmt by wireless for collision mats. That message was drawn up by plaintiff and witness crossed • out , plaintiff's name-and inserted his own; ho thought . plaintiff was over-stepping the mark. Witness had a stream anchor put out to stop the .ship slewing; he did not consult plaintiff about that. Lieutenant Tregallis. who was in charge of the diving party from H.M.S. Philomel, certainly took no instructions from plaintiff. The latter spoke to witness about sealing down the hatch before witness sent a message for cement for that purpose. Subsequently witness ascertained that it.- was his chief engineer who had put the cementing idea to plaintiff, and the latter had brought the suggestion to witness. Diving, operations began on June 215 and they found the ship was on a rock amidships, but with deep water alongside. Plaintiff was looking on at the time "as a spectator, like the rest of us." ;- Th« diving . was carried out entirely by- the naval squad.

Lightening Saved the Vessel. On the morning of the refloating the «hip was getting "lively," and was grinding on rocks beneath her. The chief engineer reported that she was making.water in the tanks, and added: "If .'you don't get her off rooh you won't get her off at all." With the assistance of .J two tugs and with her own engines working astern, the vessel was hauled afloat. He had 'no assistance from plaintiff when the vessel floated, and lie never had plaintiff on ';ho bridge at any time. - ;.-•. To His Honor, witness said the lightening of the vessel forwai'd saved 'her.' The cementing and l diving had nothing to do with the vessel's safety. He had treated plaintiff, while he was on board, as a isnrveyor. When the ; ship was. fast ,on the rock he received a telegram stating that the Sydney underwriters deemed it essential that the Ron a should bo floated that night. He wrote out a reply, stating that the cement needed time to dry; adding that that was, essential, and that they would refloat on the following day. Plaintiff suggested that 1 ' witness should add the words " Hood concurs." to his reply, and he did so. > .v ' To His Honor, witness said that if the ship had been lost aftw getting off the rock, through error of judgment. or negligence, the master would have been responsible. i " .. Plaintiff's Experience Recognised. ■.Cross-examined, witness i : said he quite recognised that plaintiff_was i a nautical man and a surveyor of considerable experience, whose opinion, if - required, would be worth having. He denied discussing with plaintiff the amount of cargo to be unloaded from forward, and said that he and the chief engineer had worked, out that amount before plaintiff arrived. When you sent the telegram in reply to the one which said it was essential to float' the ship that night, you said it was impossible as it was essential the. cement should be allowed to set. The reason why. you did .not leave the rock that n'<rht was that the cement was not set?— That was only one reason, .and a very small one really. I wanted to get ' more cargo out and we worked cargo till the early morning hours. If tha cement had been ready I would not have come off that night, as it was winter time and dark :at high . James Morrison, ; chief engineer of the James Morrison, chief engmeer of the Rona, gave corroborative evidence of the sequence of events on board the Rona immediately after the stranding. The tornming" of the hatch and plugging of the ventilator were nearly done when pumwas adjourned until to-day.