A Digest of Cases Decided By the Supreme Court of Canada From the Organization of the Court, in 1875, to the 1st Day of May 1886 : Comprising Both Reported And Unreported Cases, And Many Points of Practice Determined By the Court And By the Judges in Cham

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286 Maritime Coiirt of Ontario— Continued.
Per Strong, Henry and Gwynne JJ., that the " M. C. Upper " had a right to have her anchor where it was, and that it was not in the line by which the " Erie Belle " entered and by which she could have backed out ; that the strain on the anchor chain when the crew of the "M. C. Upper" were hauling on it all the time the "Brie Belle " was at Port K. sufficiently indi- cated the position of the anchor, and therefore that the accident happened through no fa
...ult or negligence on the part of the " M. C. Upper." The court being equally divided, the appeal and cross-appeal were dis- missed without costs, and the judgment of the Maritime Court of Ontario affirmed.
McCallam y. Odette.-Tli, 36, 3. Jurisdiction of— Rev. Stats. Ont. ch. 188— Collision— STegUgence, causing deatb— Action in rem by mother of deceased child— Master and servant.
The appellant's child, a minor, was killed in a collision between two vessels by the negligence of the officers in charge of one of them, '' The Gar- land." Petition against "The Garland," libelled under the Maritime Court Act at the port of Windsor, on behalf of the appellant, claiming' 12,000 damages suftered by her, owing to the d«ath of her son and servant, caused by the negligence of the officers in charge of said " Garland." The respon- dent intervened, and demurred on the ground that the petition did not set forth a cause of action against " The Garland " within the jurisdiction of the court.


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