Supreme Court of Canada
Canadian S.S. Lines v. Grain Growers Export Co., (1919) 59 S.C.R. 643
Date: 1919-05-06
Canadian S.S. Lines
and
Grain Growers Export Co.
1919: March 25, 26; 1919: May 6.
Present: Sir Louis Davies C.J. and Idington, Anglin and Mignault JJ. and Masten J. ad hoc.
ON APPEAL FROM THE APPELLATE DIVISION OF THE SUPREME COURT OF ONTARIO.
Shipping—Carriage of goods—Injury to cargo—Seaworthiness of ship—“Canada Shipping Act,” R.S.C., [1906] c. 113, s. 964.
APPEAL from a decision of the Appellate Division of the Supreme Court of Ontario, reversing the 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.
Appeal dismissed with costs.
Tilley K.C. and S.C. Wood for the appellant.
J.H. Moss K.C. and C.C. Robinson for the respondent.
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