178 EXCHEQUER COURT OF CANADA 1928 THE SS. WENCHITA Feb. 20 & 21. March 6. • THE STEAMER BEECHBAY THE BEECHBAY STEAMSHIP COM- PANY, LIMITED THE SS. WENCHITA Shipping and seamen—Collision—Canal navigation—Right of way— The W. was proceeding down the Lachine Canal, with the current, and before reaching Wellington Bridge and the railway bridge, she blew the usual whistle signals, which were heard by the first officer of the B. The W. then went through the north draw of the railway bridge. At that time the B. was backing out of Wellington basin, where she had been moored, on the east side, heading in. stern had reached a certain distance out of the dock, and there was still one line out. Instead of astern, and answered with a danger signal, followed by two short [1928] PLAINTIFF V. DEFENDANT. AND PLAINTIFF V. DEFENDANT. Lookout At this time the B's. going ahead the B. continued to go
Ex. C.R. EXCHEQUER COURT OF CANADA 179 blasts. The W. gave a second danger signal and reversed her engines, 1928 but the B. came across the W's. course and the collision occurred, THE SS. about 350 feet from point where W's. first danger signal was given. Wenchita. The B' s. captain was in the wheelhouse and no lookout was on the B., v. and the W's. bridge signals though heard on the B. were not reported STEAMER to her Captain. The W. could not pass astern of the B. because of Beechbay the B's. continued backing. BEECHRAY Held, that the B. was negligent in leaving her dock before making sure STEAMSHIP that there were no ships within reasonable distance; in backing out Co., L V TD. . and across the W's. course; in failing to respect the W's. right of way; SS. in not having a proper lookout, and in her lack of reasonable care Wenchita. and prudence, which was the sole cause of the collision, and that she was alone to blame therefor. Actions in rem to recover for damages due to a collision in Lachine Canal near Wellington Basin. The actions were tried before the Honourable Mr. Justice Archer at Montreal, assisted by L. R. Demers and A. Bar-ette as assessors. A. R. Holden, K.C., for plaintiff. E. Languedoc, K.C., for defendant. The facts are stated in the reasons for judgment. ARCHER L.J.A., now (March 6, 1928), delivered judgment. These two actions in rem were joined for the purpose of trial and judgment. About 5 p.m. July 14, 1927, the SS. Wenchita and the SS. Beechbay came into collision in Basin No. 2 of the Lachine Canal, opposite Wellington Basin, and just below the railway bridge at Wellington street. The Wenchita's tonnage is 1,276 gross and 731 net; her length is 235 feet, and her beam is 36 feet. She was fully loaded and was drawing 13 feet 11 inches forward and 14 feet aft. At the time of the collision Captain Ugelstad was on the bridge, with the pilot, Captain Lacroix. The Beechbay is 218 feet 9 inches long, 34 feet beam. Her tonnage is 1,219 gross, 658 net. She was light. At the time of the collision Captain Hornsby was alone in the wheelhouse. The Wenchita in her Statement of Claim alleges: [The learned judge here cites from the Statement of Claim.]
180 EXCHEQUER COURT OF CANADA [1928] 1928 The Beechbay by her Statement of Claim alleges: THE ss. [The learned judge here cites from said Statement of Wenchita V. . Claim.] STEAMER Beechbay I t isproven that the Wenchita was proceeding down the AND BE canal with a current of about one to two miles an hour. STEAMSHIP Before reaching the Wellington Bridge and the railway Co., LTD. v bridge she blew the usual whistle si g g nals for those brid g e s. SS. Those signals were heard by the First Officer of the Beech- Wenchita. bay who was on the main deck at the bow. The two Archer L.J.A. bridg haevsing • been op ened, the Wenchita proceeded down through the north draw of the railway bridge, and the Beechbay at that time was backing out from the Wellington Basin where she had been moored. The Wenchita then passing through the railway bridge blew a danger signal of five or six blasts. The Beechbay continued to back out of the dock and answered with a danger signal, which was followed by two short blasts. The Beechbay having continued to back across the canal came across the Wenchita's course and the collision occurred. The Wenchita was coming down with the current, and had the right-of-way. My assessors and I agree that it was negligent for the Beechbay to leave her dock, situated as it is, and come across the canal without making sure before casting off her lines, that there were no ships within a reasonable distance. There was no proper lookout on the Beechbay. The Captain was alone in the wheelhouse, and there was no one on the bridge. It was only when Captain Hornsby heard the danger signal that he discovered the Wenchita was coming down the canal in the north draw of the railway bridge. Had there been a proper lookout the signal given by the Wenchita for the bridge would have been heard, and the opening of the bridges would have attracted the attention of the lookout and the Wenchita would have been seen coming through the Wellington Bridge. True it is the bridge signal was heard by the first officer of the Beechbay, but this fact was not reported to the Captain. When the Wenchita was at the railway bridge and gave the first danger signal the Beechbay was backing out of the Hall Coal Company's dock. This is even ad-
Ex. C.R. EXCHEQUER COURT OF CANADA mitted in the Beechbay's Preliminary Act. It is in proof that at that time her stern had reached a certain distance T$E SS. out of the dock. There was still one line out on the port side of the bow. Instead of putting her engines ahead the Beechbay continued to back with the result we know. • The Wenchita seeing that the back after the first danger signal, gave a second danger Co., signal, reversed her engines, which had at least the effect of reducing her speed to some extent, and lessened the impact. There are two draws at the railway bridge, the north draw through which the Wenchita 75 feet wide. The width of the canal from the Hall Coal Company's docks to the north side is about 375 feet. Just before casting off her last line the moving out into the channel, and at the time the first danger signal was given by the stern was some distance out of the dock, reducing the distance to the place of the collision by a certain number of feet. The distance covered by the Wenchita first danger signal was given to the approximate place of the collision would be about 350 feet. It is claimed by the Beechbay that it was impossible for her to get across the canal in such a short space of time. It must be remembered, however, that when the first danger signal was given the Beechbay had sternway on, and her stern was several feet out of the dock. Moreover, •the Wenchita was coming down at a slow speed, and her engines were reversed before the collision. My assessors advise me that the the circumstances come across the canal from where she was, while the Wenchita covered about 340 to 350 feet from where she was when she gave the danger signal to the place of the collision. The weight of evidence is in favour of the my assessors and I agree that the and improperly backed out of the Wellington Basin across the course of the Wenchita, that the neglected to respect the right of way of the the Beechbay had no proper lookout, that if the 181 1928 Wenvhita. STEAMER Be ANDay Beechbay continued to• L E E p Ms$ LTD. A. Wenchita. Archer L.J.A. came down being about Beechbay was Wenchita, the Beechbay's from the time the Beechbay could under Wenchita, and Beechbay negligently Beechbay failed and Wenchita, that Beechbay
182 EXCHEQUER COURT OF CANADA [1928] 1928 had exercised ordinary and reasonable care and prudence THE SS. no collision would have occurred. Wenchita. v. The Wenchita was going at a slow rate of speed. STEAMER Beechbay It is claimed by the Beechbay that the Wenchita having AND BE CHBAY a nswered her two-blast signals by two blasts had agreed to STEAMSHIP pass to starboard and astern of her. This may be true but Co., LTD. v the W g enchita, thoug h she wanted to pass astern of the ss. Beechbay, could not do so as the latter persisted in going Wenchita. farther astern across the Wenchita's course on the north Archer L.J.A. side of the canal. I am also advised by my assessors, and I agree with them, that the Wenchita did all that could be done to avoid the collision and she was handled in a good seamanlike way. I find the Beechbay alone to blame, and there will, therefore, be judgment against the SS. Beechbay and her bail for the damages proceeded for, and for costs, with the ordinary reference to the Deputy Registrar to assess the amount of damages. The action of the Beechbay Steamship Company, Limited, is dismissed with costs. Judgment accordingly.
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