Three lots of herring were accepted by the Hurry On (owned by Unus Shipping, a Nova Scotia corporation) at Middle Arm, Newfoundland for shipment to Vita Foods of New York.

The bills of lading for these lots did not conform to the Carriage of Goods by Sea Act 1932 (Newfoundland), which required that they contain an express clause paramount that the Hague Rules applied.

It also alleged that the Hurry On was unseaworthy, and that the bills of lading were illegal because they did not contain an express clause adopting the Hague Rules, and thus was subject to the liabilities of a common carrier.

In the original action before the Chief Justice, which was upheld on appeal to the Supreme Court of Nova Scotia en banc, the allegation of unseaworthiness was rejected, but it was accepted that the loss was due to the captain's negligence in navigation.

Lord Wright, writing for the Council, noted that the following provisions of the bills in question did not apply: Either of the above requirements would have had effect only under the principles laid out in Dobell v. Steamship Rossmore Co.,[2] which were not applicable here.