Dominion Iron & Steel Co. v. Oliver

Dominion Iron & Steel Co. v. Oliver

Appeal allowed because plaintiff's injury was proximately caused by the moving train and by his own failure to take reasonable precautions; no proved defect in the works was the causa causans and no negligence by the train crew or by McLean that was the immediate cause of injury.

Citation
(1905) 35 SCR 517
Parties
Defendant Appellant: Dominion Iron and Steel Company; Plaintiff Respondent: William Oliver
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 January 1905
Procedural Posture
Appeal / Hearing on Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia
Outcome
Appeal allowed with costs; trial judgment for plaintiff reversed.
Legal Topics
Contributory Negligence, Defect in Ways/works/plant, Duty of Care in Moving Trains, Obedience to Superior's Orders
Source Language
English
Labour Law Tort Negligence Employers' Liability Act Contributory Negligence Defect in Ways/works/plant Duty of Care in Moving Trains Obedience to Superior's Orders

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Parties

Dominion Iron and Steel Company

Defendant Appellant

William Oliver

Plaintiff Respondent

Procedural Posture

Appeal / Hearing on Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia

Legal Issues

  1. 1 Whether a defect in the employer's ways/works/plant within s.3(a) of the Employers' Liability Act caused the injury
  2. 2 Whether negligence of a superior whose orders the workman obeyed made the employer liable under s.3(c)
  3. 3 Whether the employees moving the cars were negligent under s.3(e)

Ratio Decidendi

Appeal allowed because plaintiff's injury was proximately caused by the moving train and by his own failure to take reasonable precautions; no proved defect in the works was the causa causans and no negligence by the train crew or by McLean that was the immediate cause of injury.

Court Disposition

Appeal allowed with costs; trial judgment for plaintiff reversed.

Orders

  • Judgment of the Supreme Court of Nova Scotia affirming trial judgment set aside
  • Plaintiff's recovery of $1,000 overturned