Scottish Court of Session Decisions

The Regulations of 1897 for Preventing Collisions at Sea, article 25, is quoted in the rubric.

Isabella Webster or Kerr, widow of the deceased George Kerr, who was the master of the steamship “Ruby” of Glasgow, for herself and as tutrix and administratrix—in-law for three pupil children of herself and of the said George Kerr, raised an action against the Screw Collier Company, Limited, and others, registered owners of the steamship “Prudhoe Castle” of North Shields, concluding for damages for the loss they had sustained through the death of the said George Kerr. The case is reported only on the question as to the proper navigation for steamships—in view of article 25 of the Regulations for Preventing Collisions at Sea—in the Firth of Forth west of the Forth Bridge.

On or about the 9th day of October 1905 the “Ruby” left Middlesborough with a cargo of pig iron on board, bound for Grangemouth, and on the following morning, while in the vicinity of the Forth Bridge, between the Beamer Light and the Dodds Buoy, she collided with the steamship “Prudhoe Castle” belonging to the defenders. As the result of this collision the “Ruby” sank almost immediately, the master and six of the crew being drowned.

The pursuer, inter alia, averred—“(Cond. 5) The death of the said George Kerr was caused through the fault of the defenders, or those for whom they are responsible, owing to their faulty navigation. In particular, the ‘Prudhoe Castle,’ in breach of the Regulations for the Prevention of Collisions at Sea, and especially article 25 … and of the rules of good seamanship.… the Firth of Forth west of the Forth Bridge, and, in particular, at and near the place of said collision being a narrow channel, failed to keep to that side of the fairway or mid-channel which lay on her starboard side.…”

On 28th February 1908 the Lord Ordinary ( Salvesen) pronounced an interlocutor by which he assoilzied the defenders from the conclusions of the summons.

The pursuer reclaimed.

At advising—