United Kingdom House of Lords Decisions

Lord Chancellor (Loreburn)—I do not think it is necessary to enter at all upon the interesting details of this appeal, which is one wholly relating to matter of fact. The learned Judge who heard the witnesses takes one view, and in substance I think the same view is taken by the Lord President, of what took place on the occasion of this collision. I myself agree with the views which have been expressed, and I really do not think that any good purpose would be served by entering upon a consideration of the various arguments that have been adduced by one side or the other. I am content to accept the judgment of the Lord President.

I think the appeal ought to be dismissed, and I move your Lordships accordingly.

Lord Macnaghten—I agree.

Lord Atkinson—I concur.

Lord Shaw—I desire to say that so far as the form of process goes in this case, I do not myself see any occasion for the change of the interlocutor which occurred in the Inner House. It appears to me that the finding of Lord Dewar, which was recalled by the First Division, was completely justified by the clear and conclusive narrative which he gave in stating his opinion. The change of form which has occurred did not arise, as I observe, from any change of view in the First Division as to the fault or negligence of the pilot. The Division, or at least the majority thereof, came back at the conclusion of the case to exactly the position in which Lord Dewar left it. I concur in the course proposed.

Lord Robson—In this case it has been found by two Courts in Scotland that the fault lay wholly with the pilot, and I think to that finding no objection can be taken. Some difficulty no doubt arises on the evidence as to the look-out kept by the ship, but it cannot be said that the pilot was without warning or information as to the danger which he realised too late. When the vessel got alongside the “Koombana,” the captain of the “Buenos Ayrean” drew the pilot's attention to the boom of the “Koombana,” so that he knew he was very near the wharf and any vessels that might be there, and he ought to have taken immediate steps to get more into midchannel so as to clear any vessel that might be lying further on. He did not do so. That error caused the accident, and I think it cannot be said that the evidence as to the look-out was sufficient to make out fault against the defenders.