Waugh-Milburn Construction Co. v. Slater

Waugh-Milburn Construction Co. v. Slater

Where an employer accepts a defective worksite (postholes) and fails to inspect, provide adequate filling or instruct/provide means to secure safety, that failure constitutes personal negligence of the employer for which he is liable; the common employment doctrine does not shield the employer in such circumstances; the jury's findings that the poles were not set sufficiently deep and not packed with sufficiently rigid material were sufficient to impute negligence to the defendants and support the judgment against them.

Citation
(1913) 48 SCR 609
Parties
Defendant/appellant: Waugh-Milburn Construction Co.; Plaintiff/respondent: Maud Slater; Co Defendant (discontinued): Vancouver Power Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 November 1913
Procedural Posture
Tort Negligence (wrongful Death) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Judgment on Jury Verdict Affirmed
Outcome
Appeal dismissed; judgment affirmed
Legal Topics
Common Employment / Fellow Servant Rule, Employer's Duty to Provide a Safe Place of Work, Negligence in Accepting Defective Worksite, Sufficiency of Jury Findings, Effect of Discontinuance/release of Co Defendant
Source Language
English
Torts Labour/employment Law Workplace Safety Common Employment / Fellow Servant Rule Employer's Duty to Provide a Safe Place of Work Negligence in Accepting Defective Worksite Sufficiency of Jury Findings Effect of Discontinuance/release of Co Defendant

Case Brief

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Parties

Waugh-Milburn Construction Co.

Defendant/appellant

Maud Slater

Plaintiff/respondent

Vancouver Power Company

Co Defendant (discontinued)

Procedural Posture

Tort Negligence (wrongful Death) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia; Judgment on Jury Verdict Affirmed

Legal Issues

  1. 1 Whether the employer was personally negligent in accepting and using insufficiently prepared postholes and failing to ensure safe conditions for employees
  2. 2 Whether the doctrine of common employment/fellow-servant doctrine relieved the employer of liability
  3. 3 Whether the jury's special findings were sufficient to establish employer's personal negligence

Ratio Decidendi

Where an employer accepts a defective worksite (postholes) and fails to inspect, provide adequate filling or instruct/provide means to secure safety, that failure constitutes personal negligence of the employer for which he is liable; the common employment doctrine does not shield the employer in such circumstances; the jury's findings that the poles were not set sufficiently deep and not packed with sufficiently rigid material were sufficient to impute negligence to the defendants and support the judgment against them.

Court Disposition

Appeal dismissed; judgment affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of trial court and Court of Appeal for British Columbia affirmed