Webster v. Foley

Webster v. Foley

An employer is liable at common law for injuries caused by a defective system of using machinery even if the employer lacked actual notice of the defect; the statutory notice requirements of the Employers' Liability Act operate to relieve an employer only where the statute applies and where the workman knew of the defect and failed to give reasonable notice.

Citation
(1892) 21 SCR 580
Parties
Appellant Defendant: J. A. Webster; Appellant Defendant: H. V. Edmonds; Respondent Plaintiff: John A. Foley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 December 1892
Procedural Posture
Personal Injury / Master and Servant (labour Law) / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia; Final Disposition on Appeal
Outcome
Appeal dismissed with costs; judgment for plaintiff affirmed.
Legal Topics
Employer Liability, Defective Machinery and Defective System of Use, Notice to Employer, Delegation of Duty to Competent Persons, Judicial Review of Jury Findings
Source Language
English
Labour Law Tort Occupational Safety Master and Servant Law Employer Liability Defective Machinery and Defective System of Use Notice to Employer Delegation of Duty to Competent Persons +1 more

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Parties

J. A. Webster

Appellant Defendant

H. V. Edmonds

Appellant Defendant

John A. Foley

Respondent Plaintiff

Procedural Posture

Personal Injury / Master and Servant (labour Law) / Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia; Final Disposition on Appeal

Legal Issues

  1. 1 Whether an employer is liable for injuries caused by a defective system of using machinery absent actual notice to the employer
  2. 2 Whether the plaintiff was required to give notice of the defect to the employer before recovering
  3. 3 Whether negligence found against a manager binds the employer/partners

Ratio Decidendi

An employer is liable at common law for injuries caused by a defective system of using machinery even if the employer lacked actual notice of the defect; the statutory notice requirements of the Employers' Liability Act operate to relieve an employer only where the statute applies and where the workman knew of the defect and failed to give reasonable notice.

Court Disposition

Appeal dismissed with costs; judgment for plaintiff affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment for plaintiff affirmed in sum of $5,000.