The Schooner "Reliance" v. Conwell

The Schooner "Reliance" v. Conwell

The trial judge's factual finding that the Carrie E. Sayward exhibited the required anchorage light was supported by substantial and corroborated evidence and should not be disturbed; consequently the Reliance was negligently navigated and solely responsible for the collision, and the appeal is dismissed.

Citation
(1901) 31 SCR 653
Parties
Appellant/defendant: The Schooner Reliance; Respondents/plaintiffs: Walter N. Conwell and R. E. Conwell, owners of the schooner Carrie E. Sayward and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 November 1901
Procedural Posture
Admiralty Collision Appeal / On Appeal From the Exchequer Court of Canada, Nova Scotia Admiralty District
Outcome
Appeal dismissed with costs; judgment of the Exchequer Court for the respondents affirmed.
Legal Topics
Collision at Sea, Navigation Rules, Burden of Proof, Findings of Fact, Lookout Duty, Vessel Lights (regulations)
Source Language
English
Admiralty Maritime Law Evidence Negligence Civil Procedure Collision at Sea Navigation Rules Burden of Proof +3 more

Case Brief

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Parties

The Schooner Reliance

Appellant/defendant

Walter N. Conwell and R. E. Conwell, owners of the schooner Carrie E. Sayward and others

Respondents/plaintiffs

Procedural Posture

Admiralty Collision Appeal / On Appeal From the Exchequer Court of Canada, Nova Scotia Admiralty District

Legal Issues

  1. 1 Whether the Carrie E. Sayward exhibited the anchorage light required by the regulations at the time of collision
  2. 2 Whether the Reliance was negligently navigated and therefore solely responsible for the collision
  3. 3 Whether the burden of proof was met by the plaintiffs given conflicting testimony

Ratio Decidendi

The trial judge's factual finding that the Carrie E. Sayward exhibited the required anchorage light was supported by substantial and corroborated evidence and should not be disturbed; consequently the Reliance was negligently navigated and solely responsible for the collision, and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs; judgment of the Exchequer Court for the respondents affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the local judge (Exchequer Court, Nova Scotia Admiralty District) in favour of the plaintiffs (owners of the Carrie E. Sayward) affirmed.