Two vessels were approaching each other through a dense fog. The master of one of the vessels, which without fault on her part had been put in a position of danger by the action of the other, suddenly saw a white light slightly on his starboard bow and only 1200 feet away, and gave the order ‘hard a-starboard.’ Three seconds later he saw a red light close on his starboard bow, and he then gave the correct command ‘hard a-port and full speed astern.’ The second order superseded the first at so short an interval that the course of the vessel was not deflected by the first order. Held ( rev. the judgment of the First Division) that the delay of three seconds from the time the first order was given till the correct command was issued was not such negligence on the part of the master as to infer liability on the part of the ship, and appeal allowed.
Lord Dunedin, Lord Atkinson, Lord Shaw, Lord Phillimore, and Lord Blanesburgh
[1923] UKHL 55, 61 SLR 55
Bailii
Scotland
Transport
Updated: 26 January 2022; Ref: scu.633271