Ex. C.R. EXCHEQUER COURT OF CANADA 137 BRITISH COLUMBIA ADMIRALTY DISTRICT 1957 Mar. 4 ' 5 PACIFIC COYLE NAVIGATION PLAINTIFF; Mar.12 COMPANY LIMITED AND CANADIAN PACIFIC RAILWAY DEFENDANT. COMPANY Shipping—Collision—Vessel not excused from stopping engines because it has a tow—Assessment of damages and costs. The action is one for damages resulting from a collision between plaintiff's tug and defendant's tug with a barge in tow. The Court found that both vessels were going at an excessive speed and each failed to stop its engine on hearing fog signals, and that no proper lookout was kept on board plaintiff's tug. Held: That the negligence must be assessed in the ratio of three quarters to plaintiff and one quarter to defendant. 2. That the fact that a vessel has a tow is no excuse for it not stopping its engines. ACTION for damages resulting from collision between two vessels. The action was tried before the Honourable Mr. Justice Sidney Smith, District Judge in Admiralty for the British Columbia Admiralty District, at Vancouver. W. D. C. Tuck and A. F. Campney for plaintiff. A. G. Harvey for defendant. SIDNEY SMITH D.J.A.:—This suit concerns a collision in dense fog in English Bay between the plaintiff's tug New-ington running light and the defendant's tug Kyuoquot having the barge Transfer No. 9 in tow. The Newington had come down Howe Sound and had rounded Point Atkin-son with the intention of anchoring in English Bay. The Kyuoquot bound outward had passed Prospect Point and was heading towards Point Grey. I formed a poor opinion of the Newington's navigation. I doubt if any proper lookout was being kept on board and whether proper fog signals were being sounded. I find she was proceeding at an excessive speed in the prevailing conditions and that she failed to stop her engines upon hearing the fog signal of the Kyuoquot immediately prior to the collision. 89512—la
138 EXCHEQUER COURT OF CANADA [1957] 1957 On the other hand I had no trouble in accepting the evi- P CO A Y c LE 1 Ic dence of the experienced seamen who testified for the NAVIGATION defendant company. The Kyuoquot however was at fault Co v . . LTD. too in that she was going at an excessive speed and she too CANADIAN failed to stop her engines on hearing the fog signal of the PACIFIC Rr. Co. Newing 9 ton. This si g g l n al ea P r P e d on the starboard beam Sidneysln. of the Kyuoquot but it was forward of the beam vis-a-vis DJA. the barge. It is not a valid excuse for not stopping engines that the vessel concerned has a tow, The Challenge and Duc D'Aumale (1) . The circumstance that the barge did not sound fog signals in no way contributed to the collision. I find the Newington three-quarters to blame and the Kyuoquot one-quarter, with corresponding costs. If necessary, the learned Registrar will hold a reference as to the damages. Judgment accordingly.
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