McArter v. Hill

McArter v. Hill

Where a landowner placed and used trap-doors in a public sidewalk and allowed them to sag and become uneven so as to obstruct or impede safe travel, the landowner retained a duty to keep them in a reasonably safe state; the evidence justified the trial judge's finding that the slope of the doors caused the fall, so the respondent is liable and the trial judgment awarding damages must be restored.

Citation
[1952] 2 SCR 154
Parties
Plaintiff/appellant: Lilly McArter; Defendant/respondent: A. E. Hill Company, Limited; Defendant (dismissed at Trial): Town of Hartney
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 June 1952
Procedural Posture
Tort — Personal Injury Arising From Obstruction/repair of Sidewalk (public Nuisance/ Negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Manitoba; Judgment on Appeal
Outcome
Appeal allowed; trial judgment restored against A. E. Hill Company, Limited; damages awarded to appellant; costs awarded generally to appellant but appellant ordered to pay costs of the motion to remit the case transcript
Legal Topics
Duty to Maintain Sidewalk/structures, Liability for Obstructions on Highway, Nonfeasance Versus Misfeasance, Causation and Inference From Facts
Source Language
English
Tort Negligence Public Nuisance Municipal Law Duty to Maintain Sidewalk/structures Liability for Obstructions on Highway Nonfeasance Versus Misfeasance Causation and Inference From Facts

Case Brief

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Parties

Lilly McArter

Plaintiff/appellant

A. E. Hill Company, Limited

Defendant/respondent

Town of Hartney

Defendant (dismissed at Trial)

Procedural Posture

Tort — Personal Injury Arising From Obstruction/repair of Sidewalk (public Nuisance/ Negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Manitoba; Judgment on Appeal

Legal Issues

  1. 1 Whether the owner/operator of trap-doors installed in a public sidewalk is liable for a pedestrian's slip and fall
  2. 2 Whether the worn studs or the sagging/sloped condition of the trap-doors caused the accident
  3. 3 Whether the respondent retained authority or duty to repair the doors despite town consent

Ratio Decidendi

Where a landowner placed and used trap-doors in a public sidewalk and allowed them to sag and become uneven so as to obstruct or impede safe travel, the landowner retained a duty to keep them in a reasonably safe state; the evidence justified the trial judge's finding that the slope of the doors caused the fall, so the respondent is liable and the trial judgment awarding damages must be restored.

Court Disposition

Appeal allowed; trial judgment restored against A. E. Hill Company, Limited; damages awarded to appellant; costs awarded generally to appellant but appellant ordered to pay costs of the motion to remit the case transcript

Orders

  • Restore trial judgment awarding damages to Lilly McArter against A. E. Hill Company, Limited in the amount of $3,038.58
  • Appeal allowed with costs to the appellant throughout, except appellant to pay costs of the motion to remit the Case to the Court of Appeal