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Colonial Cases

The Weraff v. The Abergeldie, 1851

[shipping, collision]

The Weraff v. The Abergeldie

Consular Court, Shanghai
1851
Source: North- China Herald, Shanghai, 1 November 1851

 

WERAFF v. ABERGELDIE.

On the 24th instant, a British Consular Court was held, to decide a case of collision between the British vessels Abergeldie and Weraff the  former vessel having run into to latter whilst at anchor in this port, whereby the Weraff sustained considerable damage.  The claim, made by the Master of the Weraff was:

For a new Bowsprit ....................................... Drs. 100

For a new Sprit-sail yard ................................. 31.88

Estimate for a new cut-water ...........................  20

Estimate for a new figurehead .........................20

Canvas, &c. ............................................. 9.08

 Drs.181.56

9 Days detention @ Drs. 23 per day ................225

 

Drs.406.56

The merits of the case from the beginning having been gone into at the request of the Master of the Abergeldie, who would not settle the matter, without Consular assistance, the Court, which was adjourned to the following day, then decided, that the plaintiff had made out a good claim for damage incurred to his vessel, the Weraff, by collision from the Abergeldie, and that no proof that blame could attach to the former had been shown.  The Court was willing to have the items of damage in the account rendered by the plaintiff assessed by the nominal assessors called in, those items having been with one exception, admitted as good, but the surveyors not being able to agree, particularly with reference to the items of the sprit-sail yard, which appeared to be a doubtful point, the Court was under the necessity of taking the account as it stood, with the remarks that considerable laxity in the matter of survey-reports appeared on the face of the proceedings.  The Court therefore decided that under the circumstances the item of Drs. 31.88 for the sprit-sail yard should not be admitted, but the remaining items amounting in all to Drs. 149.68 should be admitted and declared good, and valid.

The Court moreover decided, that, in consideration of the loss incurred to the owners of the Weraff by delay, not caused by any act of the master of that vessel, the claim for compensation was just and equitable, and therefore decreed that the Master of the Abergeldie, pay to the Master of the Weraff, the sum of Drs. 149.68 for damages incurred by collision, and the sum of Drs. 225 compensation for delay to the vessel occasioned thereby, Total. Drs. 374.68.

 

Published by Centre for Comparative Law, History and Governance at Macquarie Law School