A Treatise On the Law of Collisions At Sea With An Appendix Containing Extract

Cover A Treatise On the Law of Collisions At Sea With An Appendix Containing Extract
A Treatise On the Law of Collisions At Sea With An Appendix Containing Extract
Marsden, Reginald G. (Reginald Godfrey), 1845-1927
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Officers.
279, 293 ; River Wear Commissioners (t) Ell. Bl. & Ell. 899.
28 GENERAL RULES.
It Avas held that he could recover against the owners, and that his right against them for the negligence of their crew was independent of his right against H. Upon the contract.
In Steel v. Lester {x), the actual owner, who was also registered as managing owner {y), had agreed with the skipper that the vessel should be worked entirely by him, the owner having no control over her, the crew to be engaged and
... the voyages to be determined at the absolute discretion of the skipper. The owner was to receive one third of the ship's net profits. It was held by the Common Pleas Division that the owner was liable for a collision caused by the fault of his ship. AVhether the skipper was the o\\'ner's servant, or his partner {z) in the adventure, navigating the ship for the joint benefit of him- self and the owner, it was held that the o^vner's liability was the same.
It has been doubted whether the owners of a ship which is manned by a master and crew who are the owners' ser- vants, but who, by the charter-party, are bound to obey the orders of a third party wdio is not the owners' servant, are liable at law for damage done by the ship while acting under the immediate orders of such third party.


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