Supreme Court of Canada
The King v. The "Harlem", (1919) 59 S.C.R. 653
Date: 1919-06-02
The King v. The "Harlem."
1919: May 15, 16; 1919: June 2.
Present: Sir Louis Davies C.J. and Idington, Duff, Anglin and Mignault JJ.
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA, NOVA SCOTIA ADMIRALTY DIVISION.
Admiralty law—Collision—Crossing ships—Keeping course—Evidence.
APPEAL from the judgment of the Local Judge of the Nova Scotia Admiralty District of the Exchequer Court, in favour of the defendant (respondent).
The Government of Canada brought action against the ship "Harlem," claiming damages for the loss of its ship the "Durley Chine" in a collision between the two vessels.
The ships were "crossing ships," and the local judge held that the "Durley Chine" having the "Harlem" on her starboard side was obliged to keep out of her way, and that not having done so she was wholly to blame for the collision.
The Supreme Court of Canada, having heard counsel and reserved judgment, dismissed the appeal.
Appeal dismissed with costs.
Henry K.C. for the appellant.
Jenks K.C. for the respondent.
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