Charrest v. Manitoba Cold Storage Co.

Charrest v. Manitoba Cold Storage Co.

The trial judge's findings that the warehouse was properly constructed and operated with ordinary care and that the actual cause of the meat spoilage was not disclosed meant plaintiffs failed to prove defendant's negligence; appeal dismissed.

Citation
(1909) 42 SCR 253
Parties
Appellant/plaintiff: Charrest et al.; Respondent/defendant: Manitoba Cold Storage Co.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 May 1909
Procedural Posture
Contract (bailment) / Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Cold Storage, Standard of Care, Evidence of Loss
Source Language
English
Contract Bailment Negligence Damages Cold Storage Standard of Care Evidence of Loss

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Parties

Charrest et al.

Appellant/plaintiff

Manitoba Cold Storage Co.

Respondent/defendant

Procedural Posture

Contract (bailment) / Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether bailee liable for spoilage of goods in cold storage
  2. 2 Whether plaintiffs proved the cause of loss and defendant's negligence
  3. 3 Applicability of ordinary care standard for storage operators

Ratio Decidendi

The trial judge's findings that the warehouse was properly constructed and operated with ordinary care and that the actual cause of the meat spoilage was not disclosed meant plaintiffs failed to prove defendant's negligence; appeal dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.