Monday, 10 July 2017

NEGLIGENCE?

Lord Mersey, closing address, Titanic disaster:

"I said a long time ago that I doubted whether I ought to find a dead man, or a man who is not represented, guilty of negligence."

Padfield, Peter. The Titanic and the Californian (p. 263). Thistle Publishing. Kindle Edition.

Waratah disappeared under mysterious circumstances with no physical evidence to prove what had become of her and why. There is no doubt that the flagship was flawed and presented challenges to fulfill baseline stability requirements for seaworthiness. Captain Ilbery and his officers were both highly experienced and met the challenges as best they could, of that I have no doubt. 300 tons of coal on the spar deck was not negligence, it was required. Modern day commentators need to take heed of Lord Mersey's words of legal wisdom.




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