COLLISION BETWEEN THE NEVADA AND THE A. H. BADGER.—ACTION FOR DAMAGES.

Thames Guardian and Mining Record, Volume I, Issue 167, 22 April 1872, Page 3

COLLISION BETWEEN THE NEVADA AND THE A. H. BADGER.—ACTION FOR DAMAGES.

At the Vice-Admiralty Court, Sydney, on 2Gth March, before Sir Alfred Stephen, C.J., Judge Commissary, and Mr Justice Clieeke, Deputy Judge, the action re Spain, ship Nevada, James Henry Blethen, master, was commenced. This was a suit by Thomas Brookes, James Goodsir, and Joseph Lobby Leddra, owners of. the barque A. H. Badger (whereof the said J. L. Leddra was master) against the American mail steamer Nevada, J. H. Blethen, master, and all persons interested, in the saiil steamer, &c., for losses sustained by the sinking of the said barque alter the collision with the said steamer on the 15th October last. The damages claimed were £2,000 for the value of the barque, £650 for her cargo, and £425 for the freight which, if her voyage bad been completed, she would have earned. Mr Gordon and Mr Darlcy, instructed by Messsrs Norton and Barker, appeared for the promovents ; and Sir William Manning, Q.C., and Mr Henry Stephen, instructed by Messrs Stephen and Stephen, for the respondent. The principal questions of fact in contest wore 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 barquo could or could not have been saved after the collision ?—and what was the extent of the claimant's actual loss? There was a further question, which was one of mixed law and fact —namely, whether the Nevada must be presumed to have beeu in the wrong, because of her not having remained by the barque after the collision. The English statute relative to collisions at Bea contained a provision in favour of such a presumption, and the United States, by convention, accepted this statutory liability of American ships. It was contended for the defence that, as an effect of this statute, the onus probandi as to “ knowledge ” by thoso on board the Nevada of an injury having been inflicted upon the A. H. Badger, rendering it necessary to remain near her, was cast upon the promovents. On the othe 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, she (the steamer) ought to have been stopped until it wa* seen whether any —and if any what damage had been done. The great contest, even on this branch of the case, however, 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 hearing of the case occupied three days, and it was then adjourned until after the sittings of tho Circuit Court.