Sharp Construction Co. v. Begin

Sharp Construction Co. v. Begin

Majority held that the employer remained liable for injury caused by uncovered cog-wheels and that the employee's act of cleaning a moving pulley with a rag did not amount to contributory negligence sufficient to defeat recovery; accordingly the Court allowed the employer's appeal and restored the trial judgment dismissing the action.

Citation
(1918) 59 SCR 680
Parties
Appellant (employer): Sharp Construction Co.; Respondent (employee/plaintiff): Begin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 March 1918
Procedural Posture
Civil Appeal (tort Negligence) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec
Outcome
Appeal allowed with costs; judgment of Court of King's Bench reversed; respondent's action dismissed.
Legal Topics
Contributory Negligence, Duty to Provide Safe Machinery, Standard of Care for Skilled Employees, Employer Liability for Workplace Hazards
Source Language
English
Torts Negligence Employment Law Master and Servant Contributory Negligence Duty to Provide Safe Machinery Standard of Care for Skilled Employees Employer Liability for Workplace Hazards

Case Brief

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Parties

Sharp Construction Co.

Appellant (employer)

Begin

Respondent (employee/plaintiff)

Procedural Posture

Civil Appeal (tort Negligence) / Appeal to Supreme Court of Canada From Court of King's Bench, Quebec

Legal Issues

  1. 1 Whether employer is liable for injury to employee from uncovered moving cog-wheels
  2. 2 Whether the injured skilled employee's act of cleaning a moving pulley constituted contributory negligence barring recovery
  3. 3 Whether the employer's duty to provide safe machinery is discharged when the employee is a skilled engineer

Ratio Decidendi

Majority held that the employer remained liable for injury caused by uncovered cog-wheels and that the employee's act of cleaning a moving pulley with a rag did not amount to contributory negligence sufficient to defeat recovery; accordingly the Court allowed the employer's appeal and restored the trial judgment dismissing the action.

Court Disposition

Appeal allowed with costs; judgment of Court of King's Bench reversed; respondent's action dismissed.

Orders

  • Appeal allowed with costs
  • Judgment of the Court of King's Bench, Appeal Side, Quebec reversed