Daily News , Monday 1 March 1915, page 4
THE JANUS CASE.
CLAIM FOR SALVAGE.
The special sitting of the Supreme Court, which opened yesterday, was contlnued this morning, and lasted all day. The case was that in which Armstrong and Waters claimed £1,000 from the ship Janus for salvage work in August last, when the ship entered the harbor on fire. Mr. Justice Booth presided. Mr. R. T. Roblnson, K.C., who is acting for the claimants, called Geo, Waters, A. H. Dickson, W. Wheeldon and A. Sanda to give evidence in support of his case. At 3.30 this after
noon the case for the claimants was concluded. Mr. Moss, K.C., opened the case for the defendant ship, and when the Court rose for the day Captain Winzar, the first witness, had not concluded his evidence.
Daily News , Monday 1 March 1915, page 5
JANUS SALVAGE CASE,
ALBANY. Saturday,
The case in which Messrs. Armstrong and Waters are claiming £ 1,000 as salvage from the, steamer Janus, which entered the Albany harbor on August 28. now being, heard at the Court House by Mr. Justice Booth, was continued all day yesterday. Mr. Robinson having completed his case, further evidence was called for the defence by Mr. Moss. In addition to Captain Wlnzar, the case for the defendant steamer was given by Captain Arundel, Pilot T. Howe, William Mackay,Wm. Nelson, C. Sherlock, W. Orr, and E. Donohue, after which the evidence taken at Sydney on Commission was read by Mr. Watkins. This concluded the evidence, and the court adjourned till Monday, when counsel for both sides will address the court.
Daily News , Wednesday 3 March 1915, page 3
THE SALVAGE CASE.
ALBANY, Tuesday.
The action for £ 1,000 for salvage claimed by Messrs. Armstrong and Waters from the steamer Janus heard before Mr. Justice Booth, was concluded at the court-house yesterday. The morning was occupied by counsel for both sides, Messrs. R. T. Robinson and M. L. Moss, K.C's., addressing the court. At the conclusion of the addresses, His Honor Intimated that he would give his decision in the case on his return to Perth.
Daily News , Thursday 11 March 1915
THE SHIP JANUS.
Echo of Recent Fire.
CLAIM FOR SALVAGE BY ALBANY FIRM.
£471 AWARDED.
Reserved judgement, in the action, recently tried by his Honour at Albany, in which Armstrong and Waters, launch proprietors, of Albany, claimed £ 1,000 as salvage from tho owners of the ship Janus, a steel screw steamer of 3,075 tons net and 4824 gross registered tonnage, was delivered by his Honour, sitting In Admiralty Jurisdiction, at the Supreme Court this morning. Mr, R. T. Robinson, with Mr. A. C Braham, appeared for the plaintiffs and Mr. M. L. Moss,KC, with Mr. C. T. Watkins, for defendants.
The Janus, it will be remembered, steamed into Princess Royal Harbour between four and five o'clock on the morning of August 28 last with her holds on fire, and it was claimed that the plaintiffs' launches Dunskey and Bruce went to her assistance immediately, and, putting their hoses on board her, commenced pumping operations, which were continued until 10 a.m. on August 28. Plaintiffs also had a centrifugal pump, capable of pumping 600 tons an hour, working continuously for about 26 hours, from 5 am on August 28, and it was claimed that they thus saved the ship and her cargo, valued in all at about £50,000, from a dangerous and critical position. It was argued for the defence that the statements in plaintiffs' petition were greatly exaggerated and untrue. It was contended that when the ship entered the harbour her fire was being kept under control by her crew, and, further, that the hoses of the Dunskey and Bruce were worked by the members of the crew and the Albany Fire Brigade. In addition, the launch Awhina was engaged in the work of extinguishing the fire, and the fire engine used by the brigade was operated by the Awhina. The fire was extinguished by opening the sea cocks of the Janus and by the dredge Premier (with a pumping capacity of 3,000 tons per hour) pumping water into the holds of the ship, by which means the ship was flooded.
The plaintiffs' centrifugal pump was not instrumental in putting out the fire or saving the ship. It was used in an unsuccessful endeavour to preserve the contents of the fore peak and forecastle from destruction; the pump was ordered by the master of the ship, and the services rendered by it were not salvage services, but given pursuant to a request, and a fair and reasonable price for It was £8 per hour. Defendants paid into court £500 in satisfaction of the claim.
In giving judgement, His Honour said the plaintiffs vessels were not what would be regarded as salvage ships in the sense in which the, words were used in England, but they had certain appliances which could be used for salvage purposes, especially where salvage services were required, in case of fire. He was satisfied that, It was the flooding of the ship that, had saved her and that the efforts of the launches had assisted very slightly.
The fire in the hold had, however, spread aft and caught the saloon, and there had been some controversy as to whether it was the hoses of the plaintiffs that had put out that fire which had saved the passenger accommodation. He had come to the conclusion that whilst there was some doubt he should believe the evidence of the ship's witnesses when, they said it was the hoses on the ship itself, passed through the port hole, which had saved that portion of the ship from destruction. There was no doubt that the plaintiffs had materially, assisted the naval cadets, who had been called out, In preventing the fire from spreading to the after part of the ship, and there was no doubt that services rendered by the plaintiffs were prompt.
It was said also that considerable danger had been incurred in giving the services, and no doubt that was a material matter which ought to be taken into consideration. He was unable, however, to accept the view put forward by plaintiffs that there was any really serious danger. The evidence of the ship's people was that the ships could have been removed from any danger if there had been any. It seemed to him that there was no material danger that he ought to take into consideration at all, that the sum of money he ought to award was fairly estimated at £443, and that was the amount the plaintiffs should recover.
There was an other item of £87 which was not, strictly speaking, a salvage matter at all, and which by agreement between the parties had been left to his decision. On that claim which had reference to hulk towage services rendered, wages and disbursements in connection with the fire and goods sold and delivered, he would award a sum of £28 3s, making a total of £471 3s. Judgement was accordingly entered for the plaintiffs for £471 3s, with costs for the defendant's. Leave to apply in Chambers respecting the £500 paid Into court by the defendants was also granted.
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