La Compagnie Generale Transatlantique v. The Ship "IMO"

The majority concluded that the collision resulted from failures by both vessels to take proper avoiding action and from misinterpreted/improper maneuvers; consequently the Exchequer Court judgment in favour of the respondent was reversed and both vessels were condemned or held at fault.

Citation: (1919) 59 SCR 644
Parties: Appellant / Plaintiff: La Compagnie Generale Transatlantique; Respondent / Defendant: The Ship "IMO"
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 19 May 1919
Procedural Posture: Admiralty (collision) / Appeal to Supreme Court of Canada From Exchequer Court (nova Scotia Admiralty District)
Outcome: Appeal allowed with costs; judgment condemning both vessels.
Legal Topics: Collision, Navigational Signals, Negligence, Liability, Apportionment of Fault
Source Language: English

Admiralty Maritime Law Tort Transportation Collision Navigational Signals Negligence Liability +1 more

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Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2

Parties

La Compagnie Generale Transatlantique

Appellant / Plaintiff

The Ship "IMO"

Respondent / Defendant

Procedural Posture

Admiralty (collision) / Appeal to Supreme Court of Canada From Exchequer Court (nova Scotia Admiralty District)

Legal Issues

1 Which vessel was at fault in the collision
2 Interpretation and effect of whistle signals and consequent maneuvers
3 Whether a vessel was out of its own waters when collision occurred

Ratio Decidendi

Court Disposition

Appeal allowed with costs; judgment condemning both vessels.

Orders

Appeal allowed with costs
Judgment condemning both vessels (both found negligent)