In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man?
Saskatchewan, Canada
The following excerpt is from Saskatchewan Co-op. Elev. Co. v. G.T.P.R. Co. et al, 1923 CanLII 186 (SK CA):
In Groves & Sons v. Webb & Kewward, supra, the plaintiffs agreed to warehouse some wheat for the defendants. The defendants engaged a lighter-man to lighten from the ship’s side the wheat to the warehouse of the plaintiffs. The plaintiffs, at the request of the defendants, issued clean warrants by means of which the defendants sold the wheat as undamaged wheat to a purchaser. The wheat was damaged while in the lighters and the plaintiffs, having issued clean warrants, paid the purchaser the amount of damage done to the wheat. It was held that the defendants had impliedly undertaken to indemnify the plaintiffs for any damage occasioned to the plaintiffs by the issue of the warrants.
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