REPORTS OF All the Cases Argued and Determined by the Superior Courts RELATING TO MARITIME E LAW PRIV. Co.] THE BOUGAINVILLE V. THE JAMES C. STEVENSON. JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. Reported by J. P. ASPINALL, Esq., Barrister-at-Law. April 23 and 24, 1873. (Present: The Right Hons. Sir JAMES W. COLVILE, SIR R. PHILLIMORE, Sir MONTAGUE E. SMITH, Sir R. P. COLLIER.) THE BOUGAINVILLE V. THE JAMES C. STEVENSON. Collision Sailing ship - Steamer Duty ofLights-Regulations for preventing Collisions at Sea, Articles 15 and 16. When a steamer sights a sailing vessel in the night time at a distance of three miles, but, owing to the fact that the sailing vessel's lights are not visible, cannot ascertain the course of the sailing vessel, it is the duty of the steamer to slacken speed and wait to ascertain that course before adopting any decided manœuvre for the purpose of avoiding the sailing vessel. If the steamer immediately on sighting the sailing vessel adopts such a manœuvre, as by porting, and a collision ensue without fault on the part of the sailing vessel, the steamer is alone to blame. THESE were cross appeals from an interlocutory degree or sentence of the Vice-Admiralty Court of Gibraltar, in a consolidated cause of damage brought by aud on behalf of the master and the owner of the British steamship James C. Stevenson against the French barque Bougainville and her freight, for the recovery of damages in respect of losses sustained by the owner, by reason of a collision between the two vessels; and by and on behalf of the master and the owners of the barque Bougainville, against the steamship James C. Stevenson and her freight to recover damages in respect of the same collision. The collision occured between 11 and 12 on the night of 29th March 1872 in the Straits of Gibraltar. The case on the part of the James C. Stevenson was that she was proceeding under steam, steering about due W., with her masthead and side lights exhibited and burning brightly, and with a fresh wind blowing from the southward, when a vessel under sail, which proved to be the Bougainville, was seen ahead at the distance of about three miles. The Bougainville was apparently approaching in an opposite direction, but no light could then be seen on her. The helm of the James C. VOL. II., N.S. [PRIV Co.. Stevenson was ported in order to keep her out of the way of the Bougainville, and the Bougainville still appearing to be standing towards the James C. Stevenson, the helm of the James C. Stevenson was put hard a-port, and the green light of the Bougainville was then for the first time seen. The engines of the Bougainville were stopped, but a collision occured, the stem of the Bougainville striking the James C. Stevenson on the port bow. The main grounds of blame charged by the owner of the James C. Stevenson against the Bougainville were, that the lights of the latter were not so exhibited and placed as to be visible to the James C. Stevenson, and that she (the Bougainville) improperly deviated from her course under a starboard helm. The case on behalf of the Bougainville was that she was passing through the Straits of Gibraltar on a voyage from Coromandel coast to Marseilles on the night of the 29th March 1872, with a crew of sixteen hands all told. At about 11:35 p.m. of the said 29th March, the wind being west and by south, and the weather squally and obscure at times, the Bougainville was proceeding through the Straits, steering her proper course, east by north by compass, with her regulation lights properly placed and brightly burning, when the masthead light of a steamer was reported about two points on her starboard bow, and appearing to be about three miles distant. The barque proceeded on her course, and shortly afterwards the red lights of the steamer became visible, and she came on at right angles to her original course and immediately across the bows of the barque by first porting and afterwards hard porting her helm, and a collision thereby becoming inevitable; the helm of the barque was put hard a-starboard to deaden the force of the collision, which immediately took place with tre mendous force, the iron stem and part of the bow of the barque striking the port-bow of the steamer in a slanting direction, from aft to forward, about eleven feet abaft the stem. On the part of the owners of the Bougainville, it was submitted that the evidence showed that her lights were, before and at the time of the collision, properly placed and brightly burning, in accordance with the maritime regulations in regard to the lights directed to be carried by sailing vessels, and that her duty was to keep her course, B |