judgment at the trial by which the respondent's action was dismissed.
The plaintiffs claimed damages for injury to grain shipped in a barge belonging to defendants. The defence was that defendants were not in fault and were relieved by the provisions of sec. 964 of the "Shipping Act."
They claimed that the barge struck a corner of the dock in going out of port, but the evidence given was not very clear.
The trial judge exonerated the defendants and dismissed the action.
The Appellate Division held that the evidence established that the barge was not seaworthy at the outset and sec. 964 did not apply. The Supreme Court of Canada affirmed the latter decision and dismissed the appeal.
Tilley K.C. and S.C. Wood for the appellant. J. H. Moss K.C. and C.C. Robinson for the respondent.,