Gauthier v. Jacobs

J.-The respondent, suppliant by petition of. right, seeks to recover damages for injury caused to its tug boat Virginia, with which, on 29th August, 1922, the SS. John B. Ketchum collided in the harbour of Montreal at the foot of the locks of the Lachine canal. While the Ketchum was lying in lock no. 1, moored to the side, and the water was being lowered to enable her to pass out, the gates of the basin above, being closed, were of course subjected to increasing pressure. as the water below receded, and unfortunately they gave way, causing a great fall *and surge of water, which carried the Ketchum from her moorings, through the lower gate, and out into the harbour. It was while the Ketchum was thus out of control, being swept along by the flood, that she came into contact with the Virginia, and it is admitted that the ensuing damage to the Virginia was caused by the breaking of the gates, which were intended on such occasions to hold back the water in. the basin.

The canal was a public work of Canada, operated by the officers and servants of the Crown, and the question is whether the action was attributable to their negligence within the meaning of s. 20, clause (c) of the Exchequer Court Act, upon which the liability of the Government depends.

The evidence is found to exclude the suggestion of any defect in the construction of the gates, but it is found that they were not well closed, or, as said by the learned trial judge, that " they broke owing to improper mitring." His view was that when, in the process of closing, the gates were swung together by the lockmen under the direction of the lockmaster, they did not meet evenly, and that in consequence the bearing surfaces did not properly articulate. The witnesses who were charged with the work maintained that the gates were safely closed. But the circumstances of the case, the appearance of the gates after the accident, and the injuries which they had received, were consistent with and suggestive of the view that the damage was produced by pressure of the gates upon each other when in contact, but not truly joined; and there was ample evidence that the closing ought to have been effect- S.C.R.