STEAMER COLIN W., LTD., AND ST. LAWRENCE TANKERS, LTD. v. WAKE-WALKER. [H.M.S. "DRAGON."]

(1937) 58 Ll.L.Rep. 11

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Lord Sankey, Lord Blanesburgh, Lord Merrivale, Lord Atkin and Lord Macmillan, sitting with Captain W. R. Chaplin and Captain A. S. Mackay, Nautical Assessors.

Collision between steamship Maplebranch and H.M.S. Dragon in Montreal Harbour in broad daylight-Maplebranch moored alongside another vessel at quayside-Dragon manoeuvring to berth in Market Basin - Contention by H.M.S. Dragon that collision was due to inevitable accident; that as she neared the entrance to the Basin the motor schooner Saguenay Trader swung out across her course, compelling the Dragon to stop and reverse her engines, and resulting in her being carried by a strong cross-current on to the Maplebranch - Onus of proof - Majority decision of Supreme Court of Canada (upholding Demers, J.) that the Dragon had failed to discharge the onus of showing that the collision was due to an inevitable accident; further, that she should have appreciated sooner the movements of the Saguenay Trader and was improperly navigated as she approached the Basin-Appeal by Dragon.