Canadian Pacific Ry. Co. v. Hay

Canadian Pacific Ry. Co. v. Hay

The plaintiff, being an experienced traveller, voluntarily jumped from a moving train at about twelve miles per hour after assenting to the brakesman's suggestion; by doing so he assumed the risks of his action and his contributory negligence barred recovery, so the appeal is allowed and the action dismissed.

Source-derived case information.

Citation
(1919) 58 SCR 282
Parties
Appellant / Defendant: Canadian Pacific Railway Company; Respondent / Plaintiff: William Howard Hay
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 March 1919
Procedural Posture
Negligence — Personal Injury (railway Passenger) / Appeal to Supreme Court of Canada From the Court of Appeal for Saskatchewan
Outcome
Appeal allowed; judgment of the Court of Appeal reversed; action dismissed.
Legal Topics
Contributory Negligence, Assumption of Risk, Duty of Care, Vicarious Liability, Passenger Alighting Procedures
Source Language
english
Transportation Torts Negligence Railway Law Contributory Negligence Assumption of Risk Duty of Care Vicarious Liability +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Canadian Pacific Railway Company

Appellant / Defendant

William Howard Hay

Respondent / Plaintiff

Procedural Posture

Negligence — Personal Injury (railway Passenger) / Appeal to Supreme Court of Canada From the Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether the railway was negligent in failing to stop the train at the flag station
  2. 2 Whether the plaintiff's act of jumping from a moving train amounted to assumption of risk or contributory negligence barring recovery
  3. 3 Whether the brakesman's suggestion or concurrence absolved the plaintiff from contributory negligence or imposed liability on the railway

Ratio Decidendi

The plaintiff, being an experienced traveller, voluntarily jumped from a moving train at about twelve miles per hour after assenting to the brakesman's suggestion; by doing so he assumed the risks of his action and his contributory negligence barred recovery, so the appeal is allowed and the action dismissed.

Court Disposition

Appeal allowed; judgment of the Court of Appeal reversed; action dismissed.

Orders

  • Appeal allowed and judgment of the Court of Appeal reversed.
  • Action dismissed; judgment dismissing plaintiff's claim restored.