FOR OFFICIAL USE
(No. 7885A.)
"HIGHLAND HOPE" (M.V.).
IN THE HIGH COURT OF JUSTICE.
Probate, Divorce and Admiralty Divisional
Court
(Admiralty).
Before the Right Honourable Lord MERRIVALE and the Honourable
Mr. Justice LANGTON, assisted by Captain A. R. H. MORRELL and
Captain W. E. CRUMPLIN, Elder Brethren.
1931. Fo. 111.
In the matter of the Merchant Shipping Acts, 1894 and 1906,
AND
In the matter of a Formal Investigation held at the Royal Courts
of Justice, on the 27th, 28th, 29th and 30th days of January, and
the 2nd, 4th, 6th and 26th days of February, 1931, into the
circumstances attending the stranding and loss of the British
passenger motor vessel "HIGHLAND HOPE," of Belfast, Official No.
148,170, on the Farilhoes Rocks, off the Coast of Portugal, on or
about 19th November, 1930,
AND
In the matter of an Appeal by the Owners of the motor vessel
"HIGHLAND HOPE," from part of the decision of the Court, holding
the said Formal Investigation.
Report.
This was an appeal by the Nelson Steam Navigation Co., Ltd., the
owners of the M.V. "Highland Hope" from the finding of a Court of
Formal Investigation held at the Royal Courts of Justice, on the
27th, 28th, 29th and 30th days of January, and the 2nd, 4th, 6th
and 26th days of February, 1931.
The actual passage of the said finding appealed against was as
follows:-
"The Court considers that the owners cannot be absolved from all
blame for this casualty in that they employed as master of their
ship a man whose age was such that he could not reasonably be
expected to withstand the mental and physical strain in commanding
a large and fast passenger vessel."
It was common ground that the fact of the master being 75 years
of age, was in substance the sole basis of the finding against
which the owners appealed.
The first question was whether it was a matter of common
knowledge that a man of 75 was unfit for the position held by the
master of the "Highland Hope," so that the Commissioner was
entitled to take judicial cognizance of it. The fitness of a man
for employment, whether he is 75 or 35 is a question of fact to be
investigated in each particular case. The evidence before the
Commissioner was in favour of the fitness and competence of Captain
Jones, and of the propriety of his employment, and this evidence
was not challenged, and seems to determine the matter in favour of
the appellants.
A further ground of complaint of the owners was that they were
condemned without being either charged or heard. On this ground
also the appeal was allowed.
MERRIVALE.
GEORGE LANGTON.
Dated the 13th day of May, 1931.
Decree.
The Divisional Court, being assisted by Captains A. R. H.
Morrell and W. E. Crumplin, two of the Elder Brethren of Trinity
House, and having heard Counsel on behalf of the Appellants, The
Nelson Steam Navigation Company, Limited, Owners of the motor
vessel "Highland Hope," and of the Board of Trade, pronounced in
favour of the Appeal from the Report of a Court of Formal
Investigation or Inquiry, held at the Royal Courts of Justice, on
the 27th, 28th, 29th and 30th days of January, 1931, and on the
2nd, 4th, 6th and 26th days of February, 1931, whereby inter
alia, the said Court held that the aforesaid owners could not
be absolved from all blame for the casualty enquired into in that
they employed as master of their ship a man whose age was such that
he could not reasonably be expected to withstand the mental and
physical strain involved in commanding a large and fast passenger
vessel, set aside the above-mentioned finding, but made no order as
to costs.
Dated the 7th day of May, 1931.
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1931.
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