PATERSON STEAMSHIPS, LTD. v. ROBIN HOOD MILLS, LTD. [THE "THORDOC."]

(1937) 58 Ll.L.Rep. 33

JUDICIAL COMMITTEEOF THE PRIVY COUNCIL.

Before Lord Atkin, Lord Thankerton and Lord Roche.

Limitation of liability-Actual fault or privity-Stranding of respondents' vessel on voyage from Port Arthur (Ont.) to Montreal - Loss of and damage to cargo-Deviation-Faulty compass - Action for cargo damage brought by appellant cargo-owners- Claim by respondents for immunity under Canadian Water-Carriage of Goods Act, 1927-"Faults or errors in navigation"-Decision of Canadian Courts in appellants' favour that the Act did not operate to free the respondents from liability, on the grounds (1) that they had failed to discharge the onus of showing that due diligence had been exercised to make the vessel seaworthy in respect of her compass; (2) that the vessel had deviated unreasonably -Award of damages-Limitation petition brought by respondents - Opposed by appellants - Appeal against order of Canadian Courts granting limitation - Meaning of "actual fault or privity"-Unseaworthiness by reason of faulty compass -Evidence that respondents had employed a competent adjuster-Incompetence of crew-Canadian Water-Carriage of Goods Act, 1927, Sect. 6- Merchant Shipping Act, 1894, Sect. 503.