Mylroie v. British Columbia Mills Tug & Barge Co.

(after stating the facts as above).

In support of the decree below the proctors for the appellee insist that, even though the evidence be held to show that the stranding of the barge and the consequent damage was caused by the negligence of the tug, yet its owner cannot be held liable therefor because of that clause of the contract between the parties reading: “The tug company is not to be held liable for any damage which might happen to the said barge Bangor or its cargo while in tow or at anchor.”

The contention of the appellant that there was a contrary verbal agreement cannot be sustained.…