The Sun.
London, England, 1840-08-12 00:00:00

ASSIZE INTELLIGENCE.

HOME CIRCUIT—GuILDFORD, MONDAY, Ace. 10.
(Before Lord Aantaaut and a Special Jury.)
LEE V. THE GENERAL STEAM NAVIGATION COMPANY.
This was an action brought by the plaintiff, who is
the owner of a steam barge called the Lee, against the
defendants, for injury alleged to have been done to
his barge by the negligence of the servants of the Com-
pany having the management of one of their vessels,
called the Ramona.
Mr. Platt, Serjcant Channell, aid Serjeant S tea
were for the plaintiff. Mr. Th(siger appeared for the
defendants.
Mr. PLATT stated the case, and said that the plain-
tiff in this action was the owner of a steam barge ; on
the night of the 12th of May she was proceeding
down the river on her voyage, and when she arrived
near Shellhaven, the crew observed the Ramna
steamer coming in an opposite direction, and appa-
rently bearing down towards them. They called out,
but the Ramona continued her course, and eventually, in
spite of all the endeavours of the crew on board the
barge to prevent it, the two vessels came into collision,
and the barge was considerably injured. He had no
doubt he should ba able to show that the accident was
occasioned by the negligence or carelessness of the
people on board the steamer, and be should then be
entitled to their verdict in favour of his client for the
amount of injury he had sustained.
William Bishop, the Captain of the Lee, was then
examined. He deposed that on the night in question
he was proceeding with his vessel down the river. The
barge was of 75 tons burthen. About half-past two
o'clock in the morning, when the vessel was off Shell-
haven, he observed the Ramona. At this time the
tide was running down, and he was in the proper
course of the channel. He saw a light at the mast-
head of the I?anzona, and she appeared to be bearing
down upon them, and he altered the course of his own
vessel in order to prevent a collision. When the Ra-
mona got close to them his men called out to them, but
they made no answer, and seeing that a collision was
inevitable he ordered the engine to be stopped, and the
Ramona struck his vessel at the after part of the star-
board paddle-box. When the vessels got clear he heard
one of the crew of the Ramona say, " What thieg
have you got there?" and another one said " It's only
a old barge." The Ramona then went on her
course up the river.
Cross-examined--There were five hands on board the
barge, but they were not all on deck at this time. He
left London at eleven o'clock at night. When he first
saw the Ramona she was four or five miles off. He
could not have avoided the collision by putting his helm
hard aport, nor by shifting his courteto the south. The
river at this place is about three-quarters of a mile wide,
and at the time of the collision he was about 100 fathoms
from the north shore. The barge was steered by a wheel,
but witness had not been used to steer with a wheel
before. He endeavoured to keep the light of the
Ramona " open," considering that if he did so he
must clear her. He was going at the rate of about
nine knots an hour when the accident occurred. There
was a light at the mast-head of the barge, which was
properly secured, so that it could not swing behind the
mast, and be hid.
John Barnard, the mate, was examined, and his
evidence was to a similar effect.
Mr. THE:smut addressed the Jury, and said he was
sure that upon the evidence which had been adduced the
Jury would not come to the conclusion that the acci-
dent had been occasioned by the wilful negligence
of the persons on board of the defendant's vessel.
He put it to the Jury confidently, whether upon the
facts, as stated by the plaintiff's witnesses, it was not
extremely more probable that the accident arose from
the want of skill and the negligence of the people on
board the barge.
Lord ABINGER expressed an opinion that the plain-
tiff had not made out his case. It appeared, by his
own showing, that there was plenty of room for the
barge to have altered her course, and thus avoided the
collision.
The Jury returned a verdict for the defendants.