Canadian Pacific Railway Co . v. Boisseau

Canadian Pacific Railway Co . v. Boisseau

The company’s omission to provide a light on the rear of the reversing train constituted prima facie negligence and, under Quebec law, findings of contributory negligence by the deceased affect only the assessment of damages and do not bar recovery; accordingly the jury’s finding against the company was properly left to them and the appeal is dismissed.

Citation
(1902) 32 SCR 424
Parties
Appellant (defendant): Canadian Pacific Railway Co.; Respondent (plaintiff): Virginie Boisseau ès qualité, et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 May 1902
Procedural Posture
Appeal: Tort/negligence / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench affirmed and Superior Court judgment maintained
Legal Topics
Contributory Negligence, Duty to Warn, Standard of Care, Lights on Trains, Jury Instructions
Source Language
English
Torts Railway Liability Negligence Contributory Negligence Duty to Warn Standard of Care Lights on Trains Jury Instructions

Case Brief

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Parties

Canadian Pacific Railway Co.

Appellant (defendant)

Virginie Boisseau ès qualité, et al.

Respondent (plaintiff)

Procedural Posture

Appeal: Tort/negligence / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether omission to have a light on the rear of a reversing train constitutes negligence
  2. 2 Whether the railway company was bound to station a person on the rear of the train while reversing
  3. 3 Whether contributory negligence by the deceased bars recovery or only mitigates damages under Quebec law

Ratio Decidendi

The company’s omission to provide a light on the rear of the reversing train constituted prima facie negligence and, under Quebec law, findings of contributory negligence by the deceased affect only the assessment of damages and do not bar recovery; accordingly the jury’s finding against the company was properly left to them and the appeal is dismissed.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench affirmed and Superior Court judgment maintained

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench, appeal side, Province of Quebec affirmed