Wabash Railroad Co. v. Misener

Wabash Railroad Co. v. Misener

The jury's findings that the statutory signals were not given and that the deceased was not contributorily negligent were not perverse and were supported by evidence; therefore the case was properly submitted to the jury and the verdict for the plaintiffs was affirmed, so the appeal is dismissed.

Citation
(1906) 38 SCR 94
Parties
Defendant Appellant: Wabash Railroad Company; Plaintiff Respondent: Isabella Misener and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 December 1906
Procedural Posture
Tort (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Contributory Negligence, Duty to Look and Listen at Railway Crossings, Statutory Warning Signals (whistle and Bell)
Source Language
English
Torts Railway Law Negligence Contributory Negligence Duty to Look and Listen at Railway Crossings Statutory Warning Signals (whistle and Bell)

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Parties

Wabash Railroad Company

Defendant Appellant

Isabella Misener and Others

Plaintiff Respondent

Procedural Posture

Tort (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether defendant was negligent in failing to sound whistle and ring bell at the crossing
  2. 2 Whether the plaintiffs proved that that negligence was the proximate cause of the death
  3. 3 Whether deceased was contributorily negligent by failing to look again before crossing

Ratio Decidendi

The jury's findings that the statutory signals were not given and that the deceased was not contributorily negligent were not perverse and were supported by evidence; therefore the case was properly submitted to the jury and the verdict for the plaintiffs was affirmed, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.