Collier v. Wright

The evidence supported the finding that the steamer put her wheel to port when she should have put it to starboard; that deviation breached the maritime rule of the road and constituted negligence making the steamer liable for the collision, so the Court of Appeal's affirmation of the plaintiff's verdict was correct.

Citation: (1895) 24 SCR 714
Parties: Appellant/defendant: Collier; Respondent/plaintiff: Wright
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 6 May 1895
Procedural Posture: Civil Appeal Maritime Collision Tort / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment Below Affirmed
Outcome: Appeal dismissed; judgment of the Court of Appeal affirming the plaintiff's verdict sustained
Legal Topics: Collision, Rule of the Road, Steamer, Navigational Negligence
Source Language: English

Maritime Law Admiralty Tort Negligence Collision Rule of the Road Steamer Navigational Negligence

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Collier

Appellant/defendant

Wright

Respondent/plaintiff

Procedural Posture

Civil Appeal Maritime Collision Tort / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment Below Affirmed

Legal Issues

1 Whether the steamer was negligent in turning to port instead of to starboard causing the collision
2 Whether the earlier trial set aside for improper delegation of judicial function affected the validity of the subsequent verdict

Ratio Decidendi

Court Disposition

Appeal dismissed; judgment of the Court of Appeal affirming the plaintiff's verdict sustained

Orders

Appeal dismissed with costs
Judgment for plaintiff Wright affirmed