Majority
Held (reversing the judgment of the Exchequer Court of Canada, [1930]
Ex. C.R. 1) that the judgment of the Local Judge in Admiralty, hold- S ing the 0. solely to blame, should be restored. Upon the facts, the SS. Kingdoc Local Judge rightly held that the collision, having taken place on the south side of the canal, resulted from the faulty navigation of the 0., by an abrupt and inconsistent manoeuvre, after exchange of the LINES passing signals, a manoeuvre intervening between the time when the
K. got under way and the collision; and, therefor, it was not the untimely casting off of the K. to which the collision can be attributed.- Although the action of those in charge of the K's. navigation was inconsiderate, in leaving her moorings and proceeding outward in the face of the incoming 0., the K. should not be held responsible for such an error because it was not the cause of the damage which
Judgment of the Court
NEWCOMBE J.-The SS. Kingdoc, while ascending the
Lachine canal at its western exit, came into collision with the SS. Oxford, which had just begun her descent from
Lake St. Louis. The accident occurred during the latter part of the middle watch, on 5th June, 1927. Both ships sustained damage, and there is an action and a cross-action.
These were tried together before the local judge at Montreal, who sat with two assessors, and he found the Oxford solely to blame.
Upon appeal to the Exchequer Court,
Audette J., the learned judge who presided, and who also had an assessor, reversed the decision of the learned local judge, and now the owners of the Kingdoc appeal to this court.
(1) [1930] Ex. C.R. 1.
S.C.R.]