THE LOSS OF THE A. H. BADGER.

Grey River Argus, Volume XII, Issue 1295, 23 September 1872, Page 2

THE LOSS OF THE A. H. BADGER.

In the Vice-Admiralty Conrt of Sydney, on August 2, before Sir Alfred Stephen, C. J, •Judge Commissary, and Mr Justice Cheeke, Deputy Judge, tho action re ateamship Nevada, James Henry Blethen, master, was called on. This was a suit by Thomas Brooks, John Goodsir, and Joseph Leddra, owneis of the barque A. H. Badger (whereof the said J. Lertdra was master), against the American mail steamer Nevada, and* all peiaon* interested in the said steamer. Mr

Gordon and Mr Darley, instructed by Messrs Norton and Barker, appeared for tbe promoters (the plaintiffs), and Sir Wrlham Manning, Q.C., and Mr Henry Stephen for the respondent (the defendant)— the master of the Nevada). The suit was brought to recover compensation for the loss of the said barque at sea, occasioned, as was averred, by injuries inflicted upon her by collision with the said steamship through negligence on he part of those iv charge of such steamship. The principal questions of fact in contest were— whether the collision had been occasioned by such negligence, or by a want of proper care and caution by those on board the barque, or whether it was an inevitable accident— whether the barque could or could not have beeu saved after the co"isi»n ?— and what was the claimants' actual loss ? There was a further question, which was one of mixed law and fact— namely whether the Nevada must be presumed to have been in the wrong because of her not having remained by the barque after the collision ? The English statute relative to collisions at sea contained a provision in favor of such a presumption, and the United States, by convention, accepted this statutory liability of American ships. It was contended for tho defence that, as an effect of this statute, the onus probandi, as to "knowledge," by those on board the Nevada, of an injury having been inflicted upon the A. H. Badger, rendering it necessary to remaiu near her, was cast upon the promoveuts. On the other hand, it was maintained that there having been enough to show those on board the Nevada, at all events, that the steamer had come in contact with some vessel, Bhe (the steamer) ought to have been stopped until it was seen whether any— and if auy, what— damage had been done. Tho great contest even on this branch of tbe case, nowever, was as to the question of fact— whether those on board the Nevada had, or had not, sufficient knowledge that there had been an actual collision with the barque. The evidence and portion of tho speeches were taken in March, last, and the addresses were now resumed and concluded. Their Honors reserved judgment.