Teschner v. Yarish

In Collisions and Ships on (Updated )

This matter concerned a collision between two sailboats shortly before the commencement of a sailing race. The Plaintiff’s vessel was on a starboard tack. The Defendant’s vessel approached the Plaintiff’s vessel on the port side at an angle higher than the perpendicular. The Defendant attempted a starboard tack to cross in front of the Plaintiff but the manoeuvre was not successful and the Defendant struck the Plaintiff’s vessel amidships at a ninety-degree angle. The Defendant was held 100% liable for the accident. In addition to damages for cost of repairs and loss of value, the Plaintiff was also awarded damages for loss of use of his recreational sailboat, calculated as a percentage of the capital value.