Paterson Steamships Ltd. v. Ship New York News

Paterson Steamships Ltd. v. Ship New York News

Majority held New York News solely liable because it failed to adhere to the passing arrangement signalled and changed course without requisite signals, causing the collision; Fort Willdoc's prior speed before signals did not causally contribute to the collision and could not affect liability given events after the signals.

Citation
[1942] SCR 19
Parties
Plaintiff Appellant Counter Defendant: Paterson Steamships Limited; Defendant Respondent: New York News; Counter Claimant Respondent: Quebec and Ontario Transportation Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 October 1941
Procedural Posture
Admiralty Collision (shipping) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada (on Appeal From Quebec Admiralty Trial)
Outcome
Appeal allowed; judgment of the local Admiralty trial court restored; Exchequer Court judgment reversed.
Legal Topics
Rules of the Road for the Great Lakes, Fog Signals, Passing Signals, Navigation in Fog, Liability and Contributory Fault, Seamanship
Source Language
English
Admiralty Maritime Law Transportation Tort Law Collision Regulations Rules of the Road for the Great Lakes Fog Signals Passing Signals +3 more

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Parties

Paterson Steamships Limited

Plaintiff Appellant Counter Defendant

New York News

Defendant Respondent

Quebec and Ontario Transportation Company Limited

Counter Claimant Respondent

Procedural Posture

Admiralty Collision (shipping) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada (on Appeal From Quebec Admiralty Trial)

Legal Issues

  1. 1 Whether one or both ships were at fault for a collision in dense fog
  2. 2 Whether captains complied with Rules 19, 21, 22, 25 and 37 of the Rules of the Road for the Great Lakes
  3. 3 Whether signals exchanged created an agreement on passing course and whether responses were prompt

Ratio Decidendi

Majority held New York News solely liable because it failed to adhere to the passing arrangement signalled and changed course without requisite signals, causing the collision; Fort Willdoc's prior speed before signals did not causally contribute to the collision and could not affect liability given events after the signals.

Court Disposition

Appeal allowed; judgment of the local Admiralty trial court restored; Exchequer Court judgment reversed.

Orders

  • Appeal allowed with costs
  • Action by Fort Willdoc maintained