Two ships, M.V. “Wan Han Shan Huo 0958” and M.V. “Ning Dong Hu 1858”, collided in the Yangtze River. M.V. “Wan Han Shan Huo 0958” began to sink, and in attempt to protect the safety of the ship and its crew, the Master steered toward shore, where the ship allided with an engineering project being constructed by the Plaintiff, causing damage to three semi-circular structures. The Plaintiff sued the owners of the two ships (GUO Chuanseng, owner of M.V. “Wan Han Shan Huo 0958” and Xu Hongjun and Xu Chunhua, owners of M.V. “Ning Dong Hu 1858”) and the operators of the two ships (Hanshan, operator of M.V. “Wan Han Shan Huo 0958” and Donghu, operator of M.V. “Ning Dong Hu 1858”). An investigation by the Nantong Maritime Safety Administration after the accident found that M.V. “Ning Dong Hu 1858” was primarily responsible for the collision that led to the allision because it had turned into the path of M.V. “Wan Han Shan Huo 0958”, believing it to be anchored, but M.V. “Wan Han Shan Huo 0958” bore secondary responsibility because it did not take effective avoidance action in time.

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CCCC FIRST HARBOR ENGINEERING COMPANY LTD. v. GUO Chuansheng et al.

  • Martin Davies,
  • Jiang Lin

摘要

Two ships, M.V. “Wan Han Shan Huo 0958” and M.V. “Ning Dong Hu 1858”, collided in the Yangtze River. M.V. “Wan Han Shan Huo 0958” began to sink, and in attempt to protect the safety of the ship and its crew, the Master steered toward shore, where the ship allided with an engineering project being constructed by the Plaintiff, causing damage to three semi-circular structures. The Plaintiff sued the owners of the two ships (GUO Chuanseng, owner of M.V. “Wan Han Shan Huo 0958” and Xu Hongjun and Xu Chunhua, owners of M.V. “Ning Dong Hu 1858”) and the operators of the two ships (Hanshan, operator of M.V. “Wan Han Shan Huo 0958” and Donghu, operator of M.V. “Ning Dong Hu 1858”). An investigation by the Nantong Maritime Safety Administration after the accident found that M.V. “Ning Dong Hu 1858” was primarily responsible for the collision that led to the allision because it had turned into the path of M.V. “Wan Han Shan Huo 0958”, believing it to be anchored, but M.V. “Wan Han Shan Huo 0958” bore secondary responsibility because it did not take effective avoidance action in time.