R.M. & R. LOG, LTD. v. TEXADA TOWING COMPANY, LTD., MINNETTE AND JOHNSON (THE "COAST PRINCE")

[1967] 2 Lloyd's Rep. 290

CANADA EXCHEQUER COURT BRITISH COLUMBIA ADMIRALTY DISTRICT

Before Deputy Judge F. A. Sheppard, sitting with Captain J. M. Gillison and Captain E. B. Caldwell as Assessors

Negligence - Duty of care - Chartered vessel in tow of tug crewed by charterer's employees - Sinking of tow due to negligence of tug-master - Whether tug-master was under duty of care to owners of tow - Liability of charterer. Charter-party - Demise charter - Duty to redeliver - Chartered vessel lost while in tow of tug - Master and crew of tug employed by charterer - Liability of charterer and/or tug-master - Whether res ipsa loquitur. Towage - Sinking of tow (chartered to owner of tug) - Negligence of master and helmsman of tug - Liability of owner, master and helmsman of tug to owner of tow. Res ipsa loquitur - Sinking of tug and tow in fair weather - Whether doctrine applicable.