贾海龙法律分析和批判练习案例8-finalReportonTasmania.doc

Report on the “Tasmania” case Parties: Defendants/Respondents/Appellants: the owners of the ship “Tasmania” and the owners of the freight Plantiffs /Appellants/Respondents: Smith and others, the owners of the ship “City of Corinth” Court: the House of Lords Date: 22 May 1890 (date of hearing) Panel: Lord Herschell, Lord Macnaghten, and Lord Morris Facts about the collision: 1, The collision between Tasmania and Corinth took place at about 7:10 P.M. (p.13，last third para.) on the evening of the 8th of March 1888, in the English Channel. It was dark and there was a slight mist (ibid.) that evening. 2, Before the collision, the lookout of Tasmania spotted the red light of Corinth which was one and half miles away, Then the green light of Corinth was first spotted by Tasmania when The two vessels was about 400 yards away (p.14, second full para.). As the master of Tasmania saw the green light of the other ship, he expected “a small cutter asking me to take a pilot ashore” (p12, third full para.) and he did not think “a ship would do such a thing as to cross a ship’s bows”(ibid), then he gave an order to check his own lights. The lights of Tasmania were burning all right. The master of Tasmania had also called the mate to the poop to see the green light of the other ship. The second mate was also called to the poop to see the light of the other ship. 3, When Corinth became visible for Tasmania, the distance between the two ships was about 200 yards (ibid.). The master of Tasmania gave order to put the helm hard down (change course) at that time. The mate ran aft to the wheel and saw the order obeyed . The master saw the mate turning the wheel the right way. The master also let go the top-sail halyards and the main-topgallant halyards. (p.14, lines 5-7) 4, But it was too late and Tasmania ran into Corinth amidships at right angle, and Corinth sunk with all men killed except two survivors. 5, Corinth was doing six or seven knots wh