The CHUSAN Disaster at Ardrossan

[Penny Tray]

GLASGOW HERALD
21 FEBRUARY 1876

ARDROSSAN HARBOUR

In the High Court of Justice, Queen’s Bench Division, on Saturday, Mr Benjamin, Q.C., with him Mr Hardy), applied to set aside an order of Mr Justice Denman at Chambers, and the question turned upon the rules and orders of the Judicature Act.

The Earl of Eglinton is the owner of the harbour at Ardrossan, and by his private Act he is entitled to remove, at the expense of the owners, all vessels stranded or wrecked, which had struck the harbour.

An action was brought against Mr Morgan, the owner of the CHUSAN, for the expense incurred in removing the wreck, and Mr Morgan stated in his defence that he was fully insured, and that the underwriters had paid for a total loss, and they thereby became the owners of the wreck, and that if he was primarily liable, then the underwriters must indemnify him, and he therefore asked that they should be made defendants, the learned counsel having quoted the rules and orders in support of this contention.

Mr Justice Lush remarked that he did not think the rules enabled the parties to a suit to bring in another to indemnify them, but merely to call them in to be bound by the decision of the amount. There must be a separate action to decide whether there should be any indemnity.

In the course of the argument a consultation took place between the counsel, Mr Cohen, Q.C., and Mr Matthew for plaintiffs, and at its conclusion, Mr Benjamin, Q.C. announced that they had settled the matter upon terms. The underwriters are to be made defendants, Morgan indemnifying the plaintiffs against any costs that they might be called upon to bear by reason of that course.

[Penny Tray]

GLASGOW HERALD
14 DECEMBER 1876

THE WRECK OF THE CHUSAN

The Earl of Eglinton, as heir of entail in possession of the harbour of Ardrossan, has brought an action in the Exchequer Division of the High Court of Justice against the owners of the underwriters of the steamship CHUSAN for £12,000 – the cost of the removal of the wreck of that steamer, which was lost off Ardrossan in the autumn of 1874.

The case was called yesterday, and some evidence was taken.

[Penny Tray]

GLASGOW HERALD
15 DECEMBER 1876

THE WRECK OF THE CHUSAN

In the Exchequer Division of the High Court of Justice, the case of the Earl of Eglinton v. Norman and the Marine Insurance Company was continued and concluded yesterday before Baron Cleasby and a special jury.

The action had been brought to recover a sum of about £12,000 on account of loss sustained and expenditure incurred in respect of the wreck of the CHUSAN off the mouth of Ardrossan Harbour.

Sir Henry James, Q.C., Mr Cohen, Q.C., and Mr J. C. Matthews appeared on behalf of the plaintiff; Mr Butt, Q.C., and Mr Alfred Hardy were for the defendant Norman, and Mr Watkin Williams, Q.C., and Mr McLeod and Mr Lodge represented Marine Insurance.

Baron Cleasby said he considered that the only defence set up by the defendants that the wreck was occasioned not by the weakness of the vessel but by the severity of the weather, was too remote for him to take cognisance of, and the case would have to be dealt with accordingly.

Mr Butt, after considerable discussion had ensued, agreed to a proposal for the ruling of his Lordship to be made a subject of appeal, with the option of raising a question on behalf of his client whether the owner’s liability was not confined by statute to the value of the proceeds recovered.

Mr Watkin Williams reminded the Court that his clients had already paid a sum of £30,000 in respect of the loss of the vessel, and requested to be dismissed from the suit.


Baron Cleasby ultimately informed the jury that, he having considered the defence maintained too remote, they must find a verdict for the plaintiff.

Damages £11,532.

The Marine Insurance Company would be dismissed from the suit.

[Penny Tray]

GLASGOW HERALD
2 DECEMBER 1909

DEATH OF A WELL KNOWN DIVER

The death has occurred at Ardrossan of Mr John Templeton, a well-known diver and salvage superintendent.

Mr Templeton was one of the crew of the rowing-boat which on October 21, 1874, reached the wrecked CHUSAN at the Horse Island after the lifeboat had given up the attempt to reach the vessel.

He took a prominent part in many salvage operations.

In 1899 he received the parchment of the Royal Humane Society and a gold watch for rescuing a boy from drowning at Ardrossan Harbour.

For the last nine years of his life Mr Templeton was surveyor and salvage superintendent to the British Marine Society.

[The 3 December 1909 edition of the Ardrossan & Saltcoats Herald intimates the death of a John Templeton, Hill Place - the husband of Martha Howie.]

[George Ardrossan]

An excellent drawing of the Chusan disaster can be seen at https://www.prints-online.com/wreck-ss- ... 96961.html.

George