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Colonial Cases

The Zealandia v. The Retribution, 1859

[shipping, collision

The Zealandia v. The Retribution

Consular Court, Shanghai
1859
Source: The North-China Herald, 5 February 1859

 

H.B.M. CONSULAR COURT, SHANGHAI.

COLLISION. [Zealandia v. Retribution]

28th January 1859.

Before D. B. ROBERTSON, Esq., H.M. Consul,

Messrs. J. L. MAN, J. BLAND, Assessors.

This was an action brought by John Foster, master of the British ship Zealandia, to recover compensation for the detention of his ship in consequence of damage done to her by H.M.S. Retribution.

Capt. C. F. Shadwell, R.N., Senior Naval Officer appeared as Defendant on behalf of the Lords of the Admiralty.

The Plaintiff stated, that his ship was at anchor at her moorings on the 19th instant, when H.M.S. Retribution came down and striking his vessel, did her considerable damage.  She was ready for sea, the Cargo on board and the Blue-Peter flying.  He was to proceed to Woosung and there await the departure of the mail on the 23d inst.  Capt. Shadwell took charge of the Zealandia to repair the damage.  He claimed £20 per day.

he Defendant stated, that the accident occurred in consequence of the Retribution not answering her helm, caused by the irregularity of the tide, and that she was set bodily against the Zealandia, which occasioned the collision.

Both parties admitted that the vessel would be detained seven days in consequence of the damage.

The Court, considering the Plaintiff to be entitled to the compensation he claimed, namely £20 per day for seven days, decreed accordingly.

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