The J.B.K. was proceeding down the Lachine Canal to Montreal and she had passed through basin no. 1 into lock no. 1 where she was duly moored to the side. While the water in the lock was being lowered to enable her to pass out, the gates between the basin and the lock, being closed, were subjected to increasing pressure as the water below receded and they gave way releasing the water in the basin and causing the steamer to part her moorings and to break through the lower gates. While the J.3.K. was thus out of control, she came into contact with the respondent's tug V., causing damages for the recovery of which action was taken against the Crown. The trial judge held that, as it appeared upon the evidence that the breaking of the gates could only have occurred if they were not properly mitred by the servants of the Crown in charge thereof, the court should draw that inference of fact and find liability of the Crown for negligence under a. 20, subs. c of the Exchequer Court Act.
Held that, upon the evidence, there was a preponderance of probability which constituted sufficient ground for the finding of the trial judge: there was ample evidence that a faulty bevel- or mitre-joint would be a not improbable cause of the accident and there was no proof of any competing cause.
Judgment of the Exchequer Court ([1926] Ex. C.R. 150) aff.
APPEAL from the judgment of the Exchequer Court of Canada, Maclean J. (1), maintaining the respondent's petition of right to recover damages for injuries caused to the tug boat Virginia by reason of the alleged fault of the servants of the Crown.
The material facts of the case are stated in the above head-note and in the judgment now reported.
A. Geoffrion K.C. for the appellant.
A. R. Holden K.C. and Lucien Beauregard for the respondent.
*PREsENT:-Anglin C.J.C. and Duff, Mignault, Newcombe and Rinfret JJ.