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The Weekly Record, December 17, 1887
These were two actions arising out of a collision between the Plover and the Trixie H. at sea in Trinity Bay. The one action was for the loss of the vessel, and the other for damages on account of loss of goods. As the evidence in both cases would be similar, by consent of both parties the two actions were consolidated in the one trial. The facts were few, but upon tme arose several serious and important questions. It appears that the Trixie H. was reaching across Trinity Bay, on a W.N.W. course, making for the north shore of the bay. The Plover was coming from Trinity to Old Perlican, on a S.E. course. When about half the bay over the Trixie H. saw the masthead light of the steamer, and shortly after saw the starboard light (green). The Trixie H. alleges she held her course until within 50 or 60 yards of the steamer, when seening the collision was inevitable she starboarded her helm to avoid the accident. The Plover saw the Trixie H. when about 60 yards distant - too late to avoid striking her - and one of the witnesses for the defence admitted that the action of the Trixie H. in starboarding her helm was the only thing that could have been done under the sircumstances. The defendant, however, contended that the light on the Trixie H. could not be seen, and that she altered her course, or must have altered her course, long before she admitted the course was altered. The most remarkable fact stated for the defendant was that there was no officer on the deck of the steamer at the time of the collision, and that the look-out at the bows was compelled to run aft to the bridge to give the signal for the engines to reverse. The evidence of both parties as to the known facts did not materially differ. The following special issues were put to the jury by the presiding Judge at the close of his charge:-
The special jury, after grave deliberation brouth in a verdict for Hutchins for $1,600, the value of the Trixie H., and for $1,040 for Percey's goods. Mr. Kent, Q.C., and Mr. Emerson for plaintif; Sir W. V. Whiteway and Mr. Johnson for defendants.
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Page transcribed by: James Butler, 2001
Page revised: Oct. 2002 (Terry Piercey)
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