Goodison Thresher Co. v. Township of McNab

Goodison Thresher Co. v. Township of McNab

The statutory proviso in s.10(3) imposes an obligatory condition precedent (laying sufficient planks/strengthening) before traction engines under eight tons may lawfully cross bridges or culverts; failure to observe that condition makes the crossing unlawful and bars recovery for damages caused by that unlawful use, because the planking was intended to protect and strengthen the flooring and prevent the flooring from giving way.

Citation
(1910) 44 SCR 187
Parties
Appellant/plaintiff: The John Goodison Thresher Company; Respondent/defendant: Township of McNab
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 December 1910
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed by majority
Legal Topics
Condition Precedent, Duty to Strengthen Bridges, Liability for Unlawful Use, Traction Engines on Highways
Source Language
English
Statutory Interpretation Municipal Law Tort Law Infrastructure/transportation Condition Precedent Duty to Strengthen Bridges Liability for Unlawful Use Traction Engines on Highways

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Parties

The John Goodison Thresher Company

Appellant/plaintiff

Township of McNab

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether s.10(3) of R.S.O. (1897) ch.242 imposes a condition precedent (planking/strengthening) before a traction engine under eight tons may lawfully cross a bridge or culvert
  2. 2 Whether the proviso’s requirement to lay planks was intended only to protect the surface of the bridge or also to prevent the flooring/stringers from giving way
  3. 3 Whether failure to comply with the statutory requirement bars recovery for damage caused by the crossing and renders the crossing unlawful

Ratio Decidendi

The statutory proviso in s.10(3) imposes an obligatory condition precedent (laying sufficient planks/strengthening) before traction engines under eight tons may lawfully cross bridges or culverts; failure to observe that condition makes the crossing unlawful and bars recovery for damages caused by that unlawful use, because the planking was intended to protect and strengthen the flooring and prevent the flooring from giving way.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed by majority

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario (19 Ont. L.R. 188) affirmed