Montreal Park & Island Railway Co. v. McDougal

Montreal Park & Island Railway Co. v. McDougal

The employer was liable because it failed to take reasonable, proportionate precautions (insulate the guy-wire, provide insulating gloves, or disconnect the live trolley) in extremely hazardous work; the employee's prior knowledge did not establish a voluntary assumption of the risk as a matter of law under the circumstances.

Citation
(1905) 36 SCR 1
Parties
Appellant / Defendant: Montreal Park and Island Railway Company; Respondent / Plaintiff: Charles McDougall
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 March 1905
Procedural Posture
Civil Appeal (negligence; Employer Liability) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench, Appeal Side, Province of Quebec affirmed; damages fixed at $750 by the Court of Review were maintained.
Legal Topics
Contributory Negligence, Voluntary Assumption of Risk, Duty of Care, Reasonable Precautions, Insulation and Safety Equipment
Source Language
English
Labour Law Tort Negligence Employer Liability Occupational Safety Contributory Negligence Voluntary Assumption of Risk Duty of Care +2 more

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Parties

Montreal Park and Island Railway Company

Appellant / Defendant

Charles McDougall

Respondent / Plaintiff

Procedural Posture

Civil Appeal (negligence; Employer Liability) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec

Legal Issues

  1. 1 Whether employer was negligent in failing to provide reasonable precautions (insulation, gloves, disconnecting live trolley)
  2. 2 Whether the employee's knowledge of the risk amounted to a voluntary assumption of risk absolving the employer
  3. 3 Whether contributory negligence by the employee should reduce damages

Ratio Decidendi

The employer was liable because it failed to take reasonable, proportionate precautions (insulate the guy-wire, provide insulating gloves, or disconnect the live trolley) in extremely hazardous work; the employee's prior knowledge did not establish a voluntary assumption of the risk as a matter of law under the circumstances.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench, Appeal Side, Province of Quebec affirmed; damages fixed at $750 by the Court of Review were maintained.

Orders

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