Earl of Leitrim's Trustees (Owners of "Rossgull") v. G. & J. Burns (Owners of "Spaniel")

Subject_1 Shipping Law Subject_2 Collision Subject_3 Fog Subject_4 Regulations for Preventing Collisions at Sea, Articles 13 and 18. Facts: Article 13 of the Regulations for Preventing Collisions at Sea under Order of Council 11th August 1884 provides—“Every Page: 749 ↓

The steamer “Spaniel” was going at “dead slow” through a dense fog when those in charge of her heard the whistles of a vessel approaching on the port bow. They ported the “Spaniel” a little, but still continued to advance at “dead slow.” While so advancing, the “Spaniel” collided with the approaching steamer “Rossgull.” The “Rossgull” at the time when she came in sight of the “Spaniel” was going at full speed, and was admittedly in fault.

Held that the “Spaniel” was also in fault as she had violated article 18 of the regulations through having failed to stop and reverse on hearing the repeated whistles of the “Rossgull” approaching her.

On 2nd January 1896, in a thick bank of fog off Arran, the steamship “Rossgull” sailing southwards came into collision with the steamship “Spaniel” sailing northwards. The collision resulted in damage to both vessels.

The Earl of Leitrim's trustees, the owners of the “Rossgull,” and G. & J. Burns, steamship owners, Glasgow, owners of the “Spaniel,” raised cross actions of damages in the Sheriff Court at Glasgow. The pursuers in each action pleaded that the collision was solely due to the fault of the defenders.