Dominion Bridge Co. v. Jodoin

Dominion Bridge Co. v. Jodoin

The majority affirmed the Court of Review: evidence supported employer negligence in failing to provide safe scaffolding and the jury correctly found common fault, reducing total damages; accordingly the appeal is dismissed and the reduced judgment stands.

Citation
(1911) 46 SCR 624
Parties
Appellant (employer/defendant): Dominion Bridge Co.; Respondent (plaintiff): Jodoin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 February 1911
Procedural Posture
Negligence (tort) / Appeal to the Supreme Court of Canada From the Court of Review, Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of Review affirmed.
Legal Topics
Employer Liability, Contributory Negligence, Workplace Safety, Common Fault, Damages
Source Language
English
Torts Negligence Labour/employment Employer Liability Contributory Negligence Workplace Safety Common Fault Damages

Case Brief

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Parties

Dominion Bridge Co.

Appellant (employer/defendant)

Jodoin

Respondent (plaintiff)

Procedural Posture

Negligence (tort) / Appeal to the Supreme Court of Canada From the Court of Review, Quebec

Legal Issues

  1. 1 Whether employer is liable for injuries sustained by a workman who used a plank instead of proper scaffolding
  2. 2 Whether the plaintiff voluntarily and recklessly exposed himself to unnecessary danger (assumption of risk/contributory negligence)
  3. 3 Proper apportionment of fault (common fault) and reduction of damages

Ratio Decidendi

The majority affirmed the Court of Review: evidence supported employer negligence in failing to provide safe scaffolding and the jury correctly found common fault, reducing total damages; accordingly the appeal is dismissed and the reduced judgment stands.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Review affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment for plaintiff Jodoin against Dominion Bridge Co. in the amount of $2,200.00.