Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 2

Common Bench Reports; Cases Argued and Determined in the Court of Common Pleas, and in the Exchequer Chamber [1856-1865] .... New Series Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...that the order was given, then comes the second qucstion, --was Captain Chambers in a position to give such order? or, in other words, was it an authority which the master of the Courier was bound to obey? Captain Baker, who was called as a witness for the plaintifl', and who was the oommander of the Hydaspes, the steamer which had the plaintifi"s vessel, the Sultana, in tow, says, --" Tows are always under the orders of the tug: the signal is made to the remainder of the fleet: they (the tows) would wait the orders of the oflicer commanding the tug." And he adds, that, when they were at Varna, before sailing, the captain of the flag-ship met all the masters of the transports on board the Emperor, and told them that the vessels being towed were to obey the orders of the commanders of the respective tugs. Thus you have unimpeachable testimony, that, not only is it the general rule that tows are under the immediate orders of the commanders of the tugs to which they are attached, but that, in this case, a special order to the same effect was issued by the admiral. If, then, this was the relative position in which the master of the transport would stand to the captain of the tug, and the latter gave positive orders to the former not to anchor, but to hang on by her warp, what would have been the responsibility of the master of the Courier, he being for the purpose of that expedition in Her Majesty's service, if he had taken upon himself to disobey that precise and positive order? In what position would he have placed himself or his owners, if any consequences injurious to a third person or detrimental to the public service had resulted from his act? ' 1857. If, upon the evidence, you are of opinion that...show more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236917049
  • 9781236917041