Citizens' Light & Power Co. v. Lepître et ux

Citizens' Light & Power Co. v. Lepître et ux

The appeal is dismissed because there was evidence that the employer omitted a practicable precaution (protection of tie-wire ends/other safety measures) in an environment involving dangerous electrical currents; persons dealing with dangerous things must take utmost care and adopt known safety devices; the trial judge's factual findings were supported by evidence and properly led to liability for the employer.

Citation
(1898) 29 SCR 1
Parties
Appellant / Defendant: The Citizens' Light and Power Company; Respondent / Plaintiffs: Norbert Lepitre et ux
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 October 1898
Procedural Posture
Appeal (civil Wrongful Death / Negligence) / Final Appeal to the Supreme Court of Canada From Court of Queen's Bench (lower Canada)
Outcome
Appeal dismissed with costs; judgment below affirmed.
Legal Topics
Employers' Liability, Duty of Care, Res Ipsa Loquitur, Insulation of Electric Wires, Causation, Standard of Care
Source Language
English
Labour Law Tort Negligence Employment Law Safety Regulation Employers' Liability Duty of Care Res Ipsa Loquitur +3 more

Case Brief

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Parties

The Citizens' Light and Power Company

Appellant / Defendant

Norbert Lepitre et ux

Respondent / Plaintiffs

Procedural Posture

Appeal (civil Wrongful Death / Negligence) / Final Appeal to the Supreme Court of Canada From Court of Queen's Bench (lower Canada)

Legal Issues

  1. 1 Whether the employer was liable for the employee's death by electric shock due to imperfect insulation
  2. 2 Whether a presumption of fault (res ipsa loquitur) arose and whether the employer rebutted it
  3. 3 Whether the employer took all reasonable precautions in relation to dangerous electrical currents and materials

Ratio Decidendi

The appeal is dismissed because there was evidence that the employer omitted a practicable precaution (protection of tie-wire ends/other safety measures) in an environment involving dangerous electrical currents; persons dealing with dangerous things must take utmost care and adopt known safety devices; the trial judge's factual findings were supported by evidence and properly led to liability for the employer.

Court Disposition

Appeal dismissed with costs; judgment below affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Queen's Bench (affirming Superior Court) affirmed