Ship Desdemona v. Tug Ocean Rockswift, [1966] N.B. Law News No. 97 (QB)

• Judge: Anglin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 10, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 97 (QB)

Ship Desdemona v. Tug Ocean Rockswift, [1966] N.B. Law News No. 97 (QB)

MLB Law News

Oswald Kirsten, Adolph Paul Kirsten, Eberhard Thest and Otto Schilling, owners of the Motorship "Desdemona" (plaintiffs) v. Saint John Tugboat Company, Limited, owner of the Tug Boat "Ocean Rockswift" (defendant)

(676/66/C)

Indexed As: Ship Desdemona v. Tug Ocean Rockswift

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

November 15, 1966.

Summary:

Defendant liable for $3,370. as costs of repairs to Plaintiff's cargo vessel arising from a collision in Saint John harbour. A dredge, under the control of the Defendant's tug boat collided with Plaintiff's motor ship, Desdemona. The captain of the tug controlled the dredge was held negligent for failing to stop the drifting of the dredge.

Shipping and Navigation - Topic 5076

Collisions and groundings - Rules of the sea - Hauling of another vessel - See paragraphs 1 to 16.

Shipping and Navigation - Topic 5323

Collisions and groundings - Negligence - Towing operations - See paragraphs 1 to 16.

Counsel:

J.F.H. Teed, Q.C., for the plaintiffs;

F.S. Taylor, Q.C., for the defendant.

This case was heard before Anglin, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on November 10, 1966, which was filed on November 15, 1966.