Douglas Rutherford

The appellant rented a loader from the respondent and accidentally submerged it in water, causing severe engine damage.

The respondent successfully sued in Small Claims Court for repair costs and lost rental income.

The appellant appealed to the Divisional Court, raising issues regarding machine identification, causation of the engine damage, proof of lost rentals, betterment, and the damage waiver clause.

The Divisional Court dismissed the appeal, finding no palpable or overriding error in the trial judge's findings of fact and liability.