Winnipeg Electric Co. v. Symons
Where a jury has found that a street railway's tramcar struck and caused a pedestrian's death and the evidence sustains a finding of negligence, appellate courts will not disturb the verdict; the appeal must be dismissed.
Source-derived case information.
- Citation
- [1928] SCR 627
- Parties
- Appellant/defendant: Winnipeg Electric Company; Respondents/plaintiffs: Florence G. Symons et al.
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 1 May 1928
- Procedural Posture
- Negligence Wrongful Death (street Railway) / Appeal to Supreme Court of Canada From Court of Appeal for Manitoba; Jury Verdict Below Affirmed
- Outcome
- Appeal dismissed with costs; judgment for plaintiffs affirmed.
- Legal Topics
- Duty of Care, Negligence of Carrier, Liability for Streetcar Collisions, Appellate Review of Jury Verdicts
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winnipeg Electric Company
Appellant/defendant
Florence G. Symons et al.
Respondents/plaintiffs
Procedural Posture
Negligence Wrongful Death (street Railway) / Appeal to Supreme Court of Canada From Court of Appeal for Manitoba; Jury Verdict Below Affirmed
Legal Issues
- 1 Whether defendant's operation of its tramcar was negligent causing pedestrian's death
- 2 Whether the jury verdict against the defendant was supported by evidence and should be set aside on appeal
- 3 Standard for appellate interference with jury findings of fact
Ratio Decidendi
Where a jury has found that a street railway's tramcar struck and caused a pedestrian's death and the evidence sustains a finding of negligence, appellate courts will not disturb the verdict; the appeal must be dismissed.
Court Disposition
Appeal dismissed with costs; judgment for plaintiffs affirmed.
Orders
- Appeal dismissed with costs.
- Judgment entered on jury verdict against appellant for damages for death affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Winnipeg Electric Co. v. Symons Collection Supreme Court Judgments Date 1928-05-01 Report [1928] SCR 627 Judges Anglin, Francis Alexander; Duff, Lyman Poore; Newcombe, Edmund Leslie; Rinfret, Thibaudeau; Smith, Robert On appeal from Manitoba Subjects Torts Decision Content Supreme Court of Canada Winnipeg Electric Co. v. Symons, [1928] S.C.R. 627 Date: 1928-05-01 Winnipeg Electric Company (Defendant) Appellant; and Florence G. Symons et al. (Plaintiffs) Respondents. 1928: May 1. Present: Anglin C.J.C. and Duff, Newcombe, Rinfret and Smith JJ. ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA Negligence—Street railway—Pedestrian struck by defendant’s tramcar— Judgment, on verdict of jury, against defendant for damages, sustained on appeal. APPEAL by the defendant from the judgment of the Court of Appeal for Manitoba[1] dismissing the defendant’s appeal from the judgment of Curran J., on the verdict of a jury, whereby the plaintiffs recovered damages for the death of their father, caused through his being struck by an electric tramcar belonging to the defendant. At the conclusion of the argument the Court orally delivered judgment dismissing the appeal with costs. Appeal dismissed with costs. W. N. Tilley K.C. for the appellant. R. S. Robertson K.C. for the respondents. [1] 37 Man. R. 170; [1927] 3 W.W.R. 650.