Wreck report for 'Fleming' and 'Boy's Own', 1934

For Official Use

[Crown Copyright Reserved]

(No. S. 370)

STEAM TRAWLER "FLEMING"

AND

MOTOR FISHING VESSEL "BOY'S OWN"

THE MERCHANT SHIPPING ACT, 1894.

REPORT OF COURT.

In the matter of a Formal Investigation held at the Guildhall, Hull, on the 6th, 7th and 8th days of November, 1934, before J. R. Macdonald, Esq., O.B.E., Stipendiary Magistrate, assisted by Captain T. Daniel, Lieutenant-Commander F. S. Murray, R.D., R.N.R., and W. Bates, Esq., into the circumstances attending the collision of the steam trawler "Fleming" of Hull, with the motor vessel "Boy's Own" of Hull, to the southward and eastward of Flamborough Head, Yorkshire, on the 15th day of August. 1934, whereby the motor vessel "Boy's Own" became a total loss.

The Court, having carefully inquired into the circumstances attending the above-mentioned shipping casualty, finds, for the reasons stated in the Annex hereto, that the collision and subsequent sinking of the motor vessel "Boy's Own" were caused by the default of John William Wilson, the second hand of the steam trawler "Fleming," in not keeping a good and proper lookout.

The Court finds him in default and hereby suspends his certificate of competency as skipper for six months from this date.

Dated this 8th day of November, 1934.

J. R. MACDONALD, Judge.

We concur in the above Report.

Annex to the Report.

This inquiry was held at the Guildhall, Hull, on the 6th, 7th and 8th days of November, 1934. Mr. H. Leicester Saxelbye appeared for the Board of Trade and Dr. T. C. Jackson represented the underwriters, the Hull Steam Trawlers' Mutual Insurance and Protecting Company, Limited, who made themselves parties to the Inquiry. The skipper of the "Boy's Own" and the second hand of the "Fleming," who were parties to the Inquiry, were not legally represented. Mr. C. H. Loncaster watched the proceedings on behalf of the skipper of the "Fleming" who was not a party to the Inquiry.

The "Fleming," official number 160,820, is a single-screw steel vessel, ketch-rigged, built by Messrs. Cook, Welton and Gemmell. Limited, of Beverley, in 1929. She is of 317.40 tons gross and 145.24 tons net register, and is fitted with a triple expansion reciprocating engine with direct acting inverted cylinders of 96 N.H.P. and 600 I.H.P., and one cylindrical multitubular steel boiler working to a loaded pressure of 200 lbs. to the square inch, giving a speed of 11 knots.

Her registered dimensions are as follows:-Length between perpendiculars, 140.2 feet; breadth, 24 feet, and depth of hold, 13.2 feet.

Her owners are Messrs. F. & T. Ross, Limited, of Hull.

The "Boy's Own" was a wooden motor vessel built at St. Monance in Scotland about 1920 and was registered at Hull.

Her dimensions were:-Length 45 feet; breadth 12 to 13 feet, and draught 5 feet. Her bulwarks were 6 feet from the water line amidships, and her bow about 8 or 9 feet. She was painted black with a white water line.

She was fitted with a new Deisel engine of 55 B.H.P. right aft, forward of which was a watertight bulkhead.

She had two masts and, at the time of the collision, the foremast was lowered in the crutch. The mizzen mast, 20 feet high, was standing, and, from the jumper stay, at about 10 feet above the deck level, was hung a fisherman's pellett, that is a black globe some 18 inches in diameter, denoting that the vessel was engaged in fishing.

On the 15th of August, 1934, the "Boy's Own" left Bridlington with a crew of 6 to carry out long line fishing and at 12.30 p.m. was at a point 3 to 4 miles S. by E. of Flamborough Head.

From 12.30 p.m. until the collision occurred the "Boy's Own" remained in or about this position, the crew hauling in the fishing lines.

Position was kept by keeping the vessel's head to the south and working her engine at such a speed as just to stem the 2 knot ebb tide, the skipper, Leonard Shaw, being at the tiller and the engines.

It was a fine day with a very smooth sea, light south-westerly airs and a visibility of about 6 miles.

At about 1 p.m. the skipper noticed a steam trawler, which was in fact the "Fleming," coming up about 3 miles astern of him, and paid no particular attention to her until some of his crew said it was about time she altered her course. He then looked round and saw her coming at full speed stem on and so close that a collision was imminent. At the same time he realised that just as he could not see her wheelhouse, those in the wheelhouse could not then see the "Boy's Own."

The crew of the "Boy's Own" shouted loudly to attract the "Fleming's" attention, and Skipper Shaw ordered the fishing lines to be cut and the Norwegian foghorn to be sounded, and opened out his engines. He also put his tiller over to bring his vessel to the port side of the "Fleming."

Almost simultaneously with the skipper's action the "Fleming's" stem struck the "Boy's Own" just clear of her stern post driving the rudder into the engineroom which filled immediately.

Fortunately the bulkhead forward of the engineroom held, and the crew, upon whom the skipper had previously impressed that each one should, in such an emergency, take hold of a particular object such as a dan buoy, hatch, etc., jumped overboard (with the exception of two men) each man with some buoyant part of the vessel's equipment. These men were picked up by the "Fleming," the two who remained on the "Boy's Own" being rescued by the m.v. "Victory" of Bridlington, which later took all six of the crew to that port.

The "Boy's Own" sank about 18 minutes after the collision.

The "Fleming" was returning to Hull from the Icelandic fishing grounds with a cargo of fish so stowed that she was light by the head, her draught forward being only about 7 feet.

At about 12.50 p.m. to 12.55 p.m. she was abeam of Flamborough Head and the skipper, Sydney John Smith, then set the course S. ¼ E. and went below to the after cabin for dinner, leaving the second hand, John William Wilson, in charge, Richard Smith, the spare hand, being at the wheel.

Before going below the skipper ordered the second hand to keep a very good lookout as there were several motor fishing vessels and trawlers in sight. and to let him know if he wanted anything.

The "Fleming" continued on her course at her full speed and at about 1.15 p.m. ran down the "Boy's Own" which had not been observed by the second hand or any member of the crew.

The "Fleming," being light by the head, the view forward from the centre of the front of the wheelhouse was not good and the Court cannot understand why the second hand did not change his position frequently so as to get a clear view ahead. This he could easily have obtained from the sides of the bridge or the top of the wheelhouse.

The first indication of the presence of the "Boy's Own" was the shouting of her crew which the second hand thought was someone shouting on board the "Fleming."

In a few seconds the collision occurred and the "Boy's Own" scraped past the "Fleming's" port side.

Skipper Smith, who had felt the impact, ran on deck and into the wheelhouse, taking control, and by smartly manoeuvring his vessel picked up the four men in the water in six minutes.

The Court wishes to put on record their appreciation of the conduct of Skipper Shaw in having trained his crew how to act in a case of sudden emergency, and also of the good seamanship of Skipper Smith which resulted in the speedy rescue of the men in the water.

At the conclusion of the evidence Mr. Saxelbye, on behalf of the Board of Trade, submitted questions for the opinion of the Court.

Dr. Jackson, on behalf of the underwriters, and John William Wilson, second hand of the "Fleming," having respectively addressed the Court, Leonard Shaw, skipper of the "Boy's Own," having intimated that he did not swish to address the Court, and Mr. Saxelbye having replied on behalf of the Board of Trade, the Court gave Judgment and returned answers to the questions of the Board of Trade.

The questions and answers are as follows:-

1. Q. What was the approximate position of the "Boy's Own" at about 1.20 p.m. on the 15th August, 1934?

A. The approximate position of the "Boy's Own" at about 1.20 p.m. on the 15th August, 1934, was 3 to 4 miles S. by E. of Flamborough Head.

2. Q. Was she under way at this time, and how was she heading?

A. She was not under way at this time but was hauling her fishing lines which were anchored.

She was heading south.

3. Q. At what speed was she travelling?

A. She was practically stationary.

4. Q. Who was in charge of the "Boy's Own" at this time?

A. Leonard Shaw was in charge of the "Boy's Own" at this time.

5. Q. Was the "Boy's Own" using any, and if so what, signal indicating that she was engaged in fishing operations?

A. The "Boy's Own" was using a black globe about 18 inches in diameter on the jumper stay as a signal indicating that she was engaged in fishing operations.

6. Q. Where and at what time did the collision occur between the "Fleming" and the "Boy's Own"?

A. The collision occurred between the "Fleming" and the "Boy's Own" at about 3 to 4 miles S. by E. of Flamborough Head at about 1.15 p.m.

7. Q. What was the state of (a) the weather; (b) the wind; (c) the sea; (d) the visibility, at the time of the collision? Had there been any alteration in (a), (b), (c) or (d) shortly before the collision?

A. At the time of the collision the state of (a) the weather, was fine; (b) the wind, light airs from the S.W.; (c) the sea, very smooth; (d) the visibility, about 6 miles.

There had been no alteration in (a), (b), (c) or (d) shortly before the collision.

8. Q. How was the "Fleming" heading at 1 p.m. on the 15th August, 1934? Did she alter course between that time and the time of the collision?

A. The "Fleming" was heading S. ¼ E. at 1 p.m. on the 15th August, 1934. She did not alter course between that time and the time of the collision.

9. Q. Who was in charge of the navigation of the "Fleming" between 1 p.m. and the time of the collision?

A. John William Wilson, the second hand, was in charge of the navigation of the "Fleming" between 1 p.m. and the time of the collision.

10. Q. Was anyone else in the wheelhouse of the "Fleming" between these times and, if so, who?

A. Richard Smith, the spare hand, was in the wheelhouse of the "Fleming" between these times.

11. Q. Did the person in charge of the navigation of the "Fleming" receive any specific orders from the skipper when he handed over the navigation of the vessel shortly before the collision?

If any orders were given (a) what was their nature and (b) to whom were they given?

A. The person in charge of the navigation of the "Fleming" did receive specific orders from the skipper when he handed over the navigation of the vessel shortly before the collision.

(a) The nature of the orders was to keep a very good lookout as there were one or two motor fishing vessels in the offing, and to let the skipper know if he wanted anything, and

(b) they were given to John William Wilson.

12. Q. At what distance apart were the vessels (a) when those on the "Boy's Own" first sighted the "Fleming," (b) when those on the "Fleming" first sighted the "Boy's Own"?

A. (a) When those on the "Boy's Own" first sighted the "Fleming" the vessels were about 3 miles apart.

(b) When those on the "Fleming" first sighted the "Boy's Own" the "Boy's Own" was scraping along their port side.

13. Q. At what respective speeds were the vessels then travelling? Was any alteration made in the speed of either vessel between that time and the time of the collision?

A. The "Fleming" was travelling at 8 knots, i.e. 10 knots against a 2-knot tide. The "Boy's Own" was practically stationary, using her engines to stem the tide. No alteration was made in the speed of either vessel between that time and the time of the collision.

14. Q. Was anything, and if so what, obstructing the view of those in charge of the "Fleming" shortly before the collision?

A. Nothing obstructed the view of those in charge of the "Fleming" shortly before the collision.

15. Q. Was anything, and if so what, done by those on board (a) the "Boy's Own," (b) the "Fleming," shortly before the collision in order to attract attention to their respective vessels?

A. Shortly before the collision (a) those on board the "Boy's Own" shouted loudly and gave one turn on her Norwegian foghorn in order to attract attention to their vessel; (b) those on board the "Fleming" did nothing.

16. Q. Were any, and if so what, steps taken to avoid the collision by those (a) in the "Boy's Own," (b) on the "Fleming"?

A. The skipper of the "Boy's Own" cut his fishing lines and opened out his engine, but nothing was done by the "Fleming."

17. Q. Was a good and proper lookout kept by those in charge of the navigation of (a) the "Boy's Own" and (b) the "Fleming"?

A. A good and proper lookout was kept by those in charge of the navigation of (a) the "Boy's Own" but not by (b) those in charge of the navigation of the "Fleming."

18. Q. Was the "Fleming" navigated in a proper and seamanlike manner

A. The "Fleming" was not navigated in a proper and seamanlike manner.

19. Q. What was the cause of the collision?

A. The cause of the collision was the absence of a proper lookout on the "Fleming."

20. Q. Were the collision between the s.t. "Fleming" and the m.v. "Boy's Own" and the subsequent sinking of the m.v. "Boy's Own" caused or contributed to by the wrongful act or default of John William Wilson, the second hand of the s.t. "Fleming," and Leonard Shaw, the skipper of the m.v. "Boy's Own," or either of them, and, if so, which of them?

A. The collision between the s.t. "Fleming" and the m.v. "Boy's Own" and the subsequent sinking of the m.v. "Boy's Own" were caused by the default of John William Wilson, the second hand of the s.t. "Fleming," no blame attaching to Leonard Shaw, the skipper of the m.v. "Boy's Own."

J. R. MACDONALD, Judge.

We concur.

(Issued by the Board of Trade in London

on Wednesday, the 5th day of December, 1934)

LONDON

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