Grand Trunk Rway. Co. v. Miller

Grand Trunk Rway. Co. v. Miller

Where a conductor is present the railway rules place the duty of examining the train register on the conductor and require the engineman to obey the conductor's signal to start unless the engineman has knowledge or reasonable belief that the order is unsafe; absent such knowledge or belief the engineman was not contributorily negligent for starting on the conductor's signal.

Citation
(1902) 32 SCR 454
Parties
Appellant / Defendant: Grand Trunk Railway Company of Canada; Respondent / Plaintiff: Edmund R. Miller
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 May 1902
Procedural Posture
Negligence (tort) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment for respondent (plaintiff) at trial and Court of Appeal affirmed.
Legal Topics
Contributory Negligence, Duty of Engineman, Railway Company Rules, Obedience to Orders, Standard of Care
Source Language
English
Torts Negligence Railway Law Contributory Negligence Duty of Engineman Railway Company Rules Obedience to Orders Standard of Care

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Grand Trunk Railway Company of Canada

Appellant / Defendant

Edmund R. Miller

Respondent / Plaintiff

Procedural Posture

Negligence (tort) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the engineman was contributorily negligent in starting a train on the conductor's signal without personally ascertaining the single track was clear
  2. 2 Whether railway rules (including rule 232) imposed on the engineman a duty to examine the train register or make specific inquiries before obeying the conductor's order
  3. 3 Whether obedience to a conductor's order is displaced only when the engineman has reason to believe the order endangers safety or requires rule violation

Ratio Decidendi

Where a conductor is present the railway rules place the duty of examining the train register on the conductor and require the engineman to obey the conductor's signal to start unless the engineman has knowledge or reasonable belief that the order is unsafe; absent such knowledge or belief the engineman was not contributorily negligent for starting on the conductor's signal.

Court Disposition

Appeal dismissed; judgment for respondent (plaintiff) at trial and Court of Appeal affirmed.

Orders

  • Appeal dismissed with costs