Judgments

Decision Information

Decision Content

A-161-74
The Ship Mar Tirenno, its owners and all those having an interest in the said ship (Appellant)
v.
The Bell Telephone Company of Canada (Respondent)
Court of Appeal, Pratte and Le Dain JJ. and Hyde D.J.—Quebec City, January 15, 1976.
Maritime law—Damage to underwater telephone cables by anchor of ship—Wharf extremely exposed to ice movement— Ship breaking away, creating dangerous situation—Negligence on part of captain—Inevitable accident plea rejected—No contributory negligence—Action sustained—Dismissed on appeal—Trial Judge correct in deciding damage caused by appellant's error and that respondent had not accepted such risk—Within jurisdiction to order interest at 6%—Interest Act, R.S.C. 1970, c. I-18, ss. 11, 13.
APPEAL. COUNSEL:
R. Gaudreau for appellant.
M. Racicot and P. Hurtubise for respondent.
SOLICITORS:
Langlois, Drouin & Laflamme, Quebec City, for appellant.
Houle, Hurtubise & April, Montreal, for respondent.
The following is the English version of the reasons for judgment of the Court delivered orally by
PRATTE J.: There is no need for us to hear you, Messrs. Racicot and Hurtubise.
In our opinion the Trial Judge' did not err in deciding, first, that the damage was caused through the fault of appellant, and second, that it could not be said that respondent had in the case at bar accepted the risk of such damage.
It is also our opinion that in ordering appellant to pay interest at the rate of six per cent on the amount of the damages until the day of the judg ment, the Trial Judge exercised the discretion possessed by the Federal Court as part of its maritime law jurisdiction.
The appeal will accordingly be dismissed with costs.
[ 1974] 1 F.C. 294.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.