Bailey v. Cates

Bailey v. Cates

On the facts the defendant was not negligent in leaving his tug moored as he did and was not required to take extreme and unusual precautions to guard against a storm of exceptional violence; the plaintiff failed to prove that any negligence was the proximate cause of the damage; appeal dismissed.

Citation
(1904) 35 SCR 293
Parties
Appellant (plaintiff): Robert Bailey; Respondent (defendant): John Andrew Cates
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 November 1904
Procedural Posture
Tort Negligence / Appeal to Supreme Court of Canada (appeal Dismissed)
Outcome
Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed
Legal Topics
Negligence, Vis Major, Mooring of Vessels, Standard of Care, Causation
Source Language
English
Torts Maritime Law Negligence Vis Major Mooring of Vessels Standard of Care Causation

Case Brief

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Parties

Robert Bailey

Appellant (plaintiff)

John Andrew Cates

Respondent (defendant)

Procedural Posture

Tort Negligence / Appeal to Supreme Court of Canada (appeal Dismissed)

Legal Issues

  1. 1 Whether leaving a tug moored without a watch or fenders constituted actionable negligence
  2. 2 Whether an exceptional storm (vis major) relieves the defendant of liability
  3. 3 Whether the alleged negligence was the proximate cause of the damage

Ratio Decidendi

On the facts the defendant was not negligent in leaving his tug moored as he did and was not required to take extreme and unusual precautions to guard against a storm of exceptional violence; the plaintiff failed to prove that any negligence was the proximate cause of the damage; appeal dismissed.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Supreme Court of British Columbia affirmed