Fawcett v. Canadian Pacific Railway Co

Fawcett v. Canadian Pacific Railway Co

The appeal was dismissed because the deceased's failure to inspect the brake and his disobedience of running rules amounted to contributory negligence that was the operative cause of his death, justifying a non-suit and absolving the railway of liability.

Citation
(1902) 32 SCR 721
Parties
Appellants / Plaintiffs: Fawcett et al.; Respondent / Defendant: The Canadian Pacific Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 May 1902
Procedural Posture
Tort Wrongful Death (railway) / Appeal to the Supreme Court of Canada From Supreme Court of British Columbia Judgment
Outcome
Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed; plaintiff non-suited
Legal Topics
Contributory Negligence, Defective Machinery, Duty to Inspect, Running Rules, Non Suit
Source Language
English
Transportation Tort Negligence Railway Law Contributory Negligence Defective Machinery Duty to Inspect Running Rules +1 more

Case Brief

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Parties

Fawcett et al.

Appellants / Plaintiffs

The Canadian Pacific Railway Company

Respondent / Defendant

Procedural Posture

Tort Wrongful Death (railway) / Appeal to the Supreme Court of Canada From Supreme Court of British Columbia Judgment

Legal Issues

  1. 1 Whether the employer was liable for death caused by defective brake equipment
  2. 2 Whether the deceased's failure to inspect and disobedience of running rules constituted contributory negligence
  3. 3 Whether a non-suit was appropriate given facts and evidence

Ratio Decidendi

The appeal was dismissed because the deceased's failure to inspect the brake and his disobedience of running rules amounted to contributory negligence that was the operative cause of his death, justifying a non-suit and absolving the railway of liability.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of British Columbia affirmed; plaintiff non-suited

Orders

  • Appeal dismissed with costs
  • Judgment of court below affirmed