FERRY TRAGEDY SEQUEL

Taranaki Daily News, 22 November 1929, Page 11

FERRY TRAGEDY SEQUEL

CLAIM FOR £30,000 HEARD COURT’S FINDINGS ON THE FACTS. ARGUMENTS ON LAW POSTPONED, By Telegraph—Press Assn. —Copyright. Sydney, Nov-. 21. , r The Admiralty Court, before which the Sydney Ferries' Company is claiming £39,060 damages from the Union Steamship Company, expressed its view on the cause of the collision between the Tahiti and the Grcycliffe two years ago. Mr. Justice Hales Rogers, giving hla findings on the facts, as distinct from the law, said that the action of the Tahiti created a danger zone, No harm would have resulted had the Grey- \ clill'e not turned, but she did turn,: and -? the pilot of the. Tahiti failed to grasp the situation’immediately;’ then there ; was no escape. The Tahiti, aware of the presence of the Greyclifl'e on her starboard bow, made two slight alterations of her ? course to port, to keep the Grcycliffe at the angle- of safety. If Jhe Grey-.?', cliffe had maintained her course there would have been no collision. The Greyclifl'e changed her course without any observation of the master as to whether his altered course would bring him across the course of any other, vessel. .- i ' The Court found that the Tahiti at . all relevant times was in charge - Of a pilot, in accordance with the statutory requirements,. and her owners had no choice aS tb' the pilot employed. jTho pilot .must have known he .was exceed- _ ing the regulations as to speed, bust ho had a clear view 1 of the Greyclifl’e,; ajid assumed that the Grcycliffe would pursue a parallel course and not change it without warning. I. The captain of the ferry acted on tho assumption that there was no vessel in his immediate proximity astern,: and made his change of course greater than was necessary to take him to hia destination, and greater than an overtaking vessed might reasonably expect, thus turning the potential danger created by the Tahiti into an actual danger. No satisfatcory explanation had been given to. the court as to why the Grey- • cliffe changed her course as she did. • The Judge said that on the evidence, he must' reject the theory of interaction; therefore lie could not find that the admitted change of course was involuntary. Argument on questions of law has been postponed till after tho Supreme Court sitting, at .which Mr. Justice Rogers will preside.