Supreme Court of Canada
Collier v. Wright, (1895) 24 S.C.R. 714
Date: 1895-05-06
Collier
and
Wright
1895: March 19, 20; 1895: May 6.
Present: Sir Henry Strong C.J., and Taschereau, Gwynne, Sedgewick and King JJ.
Maritime law—Collision—Negligence—Rule of the road—Steamer.
APPEAL from a decision of the Court of Appeal for Ontario, affirming the judgment for the plaintiff Wright at the trial.
[Page 715]
The action was for damages incurred by a collision on the Bay of Quinte between plaintiff’s schooner and a steamer belonging to defendant. In the marine protest by the captain of the schooner the cause of the action was alleged to be that the steamer’s wheel was put to port when it should have been put to starboard just before the collision. The action was twice tried, the first trial having been set aside on the ground that the judge, by adopting the opinion of assessors, had delegated his judicial functions[1]. The second trial resulted in a verdict for plaintiff which was affirmed by the Court of Appeal.
The Supreme Court affirmed the judgment of the Court of Appeal sustaining plaintiff’s verdict.
Appeal dismissed with costs.
S.H. Blake Q.C. and Holman for the appellant.
Alcorn Q.C. for the respondent.