Lacombe v. Power

Lacombe v. Power

The plaintiff failed to prove actionable fault by the defendants under art.1053 C.C.; article 1054 C.C. does not apply because the evidence indicates the automobile was set in motion by the deceased's act (not by the thing itself) and, in any event, the plaintiff did not establish that the automobile was under the defendants' care at the time; accordingly defendants are not liable.

Citation
[1928] SCR 409
Parties
Appellant / Plaintiff: Dame M. J. Lacombe; Respondents / Defendants: W. P. Power and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 May 1928
Procedural Posture
Tort Negligence (death Resulting From Automobile Accident in Garage) / Appeal to the Supreme Court of Canada From the Court of King’s Bench, Province of Quebec
Outcome
Appeal dismissed; judgment of the Court of King’s Bench affirmed; defendants not liable
Legal Topics
Automobile Accident, Article 1054 C.c. Strict Liability (liability for Things Under Care), Article 1053 C.c. Fault Based Liability, Presumption of Fault, Volenti Non Fit Injuria, Duty of Care, Causation
Source Language
English
Torts Negligence Civil Liability Under Civil Code of Quebec Automobile Accident Article 1054 C.c. Strict Liability (liability for Things Under Care) Article 1053 C.c. Fault Based Liability Presumption of Fault Volenti Non Fit Injuria +2 more

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Parties

Dame M. J. Lacombe

Appellant / Plaintiff

W. P. Power and Others

Respondents / Defendants

Procedural Posture

Tort Negligence (death Resulting From Automobile Accident in Garage) / Appeal to the Supreme Court of Canada From the Court of King’s Bench, Province of Quebec

Legal Issues

  1. 1 Whether defendants were liable under art.1053 C.C. for death of mechanic
  2. 2 Whether the presumption of fault under art.1054 C.C. applies
  3. 3 Whether the damage was caused by the automobile as a 'thing' or by the deceased's act

Ratio Decidendi

The plaintiff failed to prove actionable fault by the defendants under art.1053 C.C.; article 1054 C.C. does not apply because the evidence indicates the automobile was set in motion by the deceased's act (not by the thing itself) and, in any event, the plaintiff did not establish that the automobile was under the defendants' care at the time; accordingly defendants are not liable.

Court Disposition

Appeal dismissed; judgment of the Court of King’s Bench affirmed; defendants not liable

Orders

  • Appeal dismissed with costs