The Irish standard., 1914-02-28
RECOVER FROM
CUNAkD LINE
Irish Relatives of Titanic Victims
Obtain Verdict
Suit Brought to Recover on Ground
of Negligence
Plaintiffs Win in Four Suits BROUGHT
Against Company

Against Company
Judgment was given in the Court of
Appeals Monday in the appeal by the
Oceanic Steam Navigation Company,
Ltd, in four actions for damages
brought under Lord Campbells Actsby
relatives of four Irish emigrants who
were lost in the Titanic disaster. Dam
ages were agreed upon, the only ques-
tion at the trial, when judgment was
entered for the plaintiffs, being as to
the liability of the company.
The plaintiffs were-Thomas Ryan,
of Askeaton, Limerick; Denis T.
O'Connell, ]. King, Williamstown, Co.
Cork; John Scanlon, Rathkeale, Linn
erick; anu Mary O'Brien (widow), of
Caheragh.
In all four cases judgment was en-
tered for the plaintiffs respectively.
Jury's Findings.
The jury found that the speed of
% knots at which the hull was travel
ing at the time of the disaster was
so excessive as to be negligent. They
further found that certain conditions
at the back of the passengers ticket,
exempting the company from liability
for the negligence of it's servants were,
in three cases, not sufficiently brought
to the notice of the holders, but that
in the fourth (O'Brien's) case the COM
pany had sufficiently brought the con-
ditions to the holders attention. Upon
this latter finding, however, the learn
ed Judge ruled, az a matter of law,
that the company could not success
fully set up the conditions as an an
swer to the claim, as they had not
been approved by the Board of Trade.
Lord Justice Vaughan Williams, in
his judgment, first dealt with the
question of law, and said that in his
view the exemption clause at the back
of the passenger ticket was not part
and parcel Of the contract. 1t was
inconsistent with that part of the con-
tract sanctioned by the Board of
Trade, which included an unqualified
obligation to carry the passenger to
his destination, and his luggage of a
value of G10, unless the value in ex-
cess Of that sum be declared and
paid for. It could be open to ship
owner to add terms to the contract,
which would take away from the pas
senger all right of remedy for dam
ages caused by negligence of the ship
owners servants alike in respect of
life and property, unless that which
the Board of Trade had included in
the approved form was ultra wires.
In his view the form of contract could
not be added to in matters of sub
stance without the approval of the
Board of Trade, or, at all events, not
where the added matters were incon-
sistent with the express or complied
conditions of the contract.
The Exemption Clause.
In the. present case there was no
such approval, and in his view the
clause exempting the defendants from
liability for negligence was invalid.
His lordship next dealt with the ques.
tion of actual negligence. He said
that there could be no doubt that
Captain Smith, after receiving wire.
less warnings of the presence of ice,
diverted his course, and that subse-
quently he went back on the "lane."
The fact that Captain Smith did so
divert his course showed that he, at
all events, did not personally believe
in the hard and fast application of the
rule to maintain the course and speed
laid down by some Of the expert wit.
nesses. Moreover, a conversation be.
tween Captain Smith and the officer
(Lightoller) showed that the latter in.
ferred that icebergs would be met
with about the time the collision in fact
took place. This did not show it was
negligent to make the diversion, but
it did show that the question must
have been considered whether at the
moment of returning to the 'lane'
they were not running into danger
region or zone. The question was
whether the defendants servants were
negligent in continuing on at % knots
notwithstanding the information az
to the presence of ice given by the
Coronia and the Baltic.
Danger Unforeseen.
1t was said that the danger to the
Titanic was unforeseen and unforesee
able. The answer of the plaintifft
to that was that having regard to tht
warnings received the vessel ough
to have been slowed down or stopped