Can a plaintiff recover damages if he fails to exhibit a bright light?
Saskatchewan, Canada
The following excerpt is from Doyle v. Canadian Northern Railway Company, 1918 CanLII 198 (SK CA):
Morrison v. General Steam Navigation Co., supra, (also 155 E.R. 1547) arose out of a collision between vessels. The plaintiff’s vessel was lying at anchor in a stream where by regulations made under statutory authority she would between sunset and sunrise be bound to exhibit a bright light at the mast head. She was not exhibiting this light when the defendants’ vessel ran into her. The jury were instructed that if the plaintiff had by not exhibiting the light contributed to the accident he could not recover. It was held that this was a proper instruction, and a verdict for defendants on such an instruction should not be disturbed.
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