J. Hay & Sons v. Ocean Steamship Co., Ltd, et e contra

Observed that the question of liability for the nautical assessor's fees in both Courts ought to have been raised at the conclusion of the case when the question of expenses was discussed and determined.

On 9th November 1915 Messrs J. Hay & Sons, pursuers and respondents , sued the Ocean Steamship Company, Limited, defenders and appellants , in the Sheriff Court at Glasgow for £2200, being the damage sustained by the s.s. “The Marchioness” in a collision with the s.s. “Peleus,” of which the defenders were the owners. On 23rd November 1915 the defenders raised a counteraction against the pursuers claiming £5000 as damages, and the actions were conjoined. Each vessel alleged fault on the part of the other.

On the motion of the defenders the Sheriff-Substitute ( Craighe ) on 6th April 1916 appointed Captain Wood to act as Nautical Assessor at the trial of the cause, and appointed them to consign in the hands of the Clerk of Court the sum of £20 to meet his fee and expenses.

After proof the Sheriff-Substitute found on 28th June 1916 that the defenders, were liable to the pursuers for the loss, injury, and damage suffered by them through the said collision, and granted leave to appeal. He fixed the fee and expenses of the Nautical Assessor at the sum of £16, 16s., and authorised the Clerk of Court to pay over said sum out of the amount consigned in his hands.

On 7th July 1916 the defenders appealed to the Second Division of the Court of Session, and thereafter lodged a note craving the Court to direct a nautical assessor to be summoned to attend the hearing on the appeal. The Court appointed Captain P. W. Tait, Leith, as Nautical Assessor.