Stephen v. McNeill

Stephen v. McNeill

Appeal dismissed because the court was satisfied on the facts that the fire resulted from Ferguson's unauthorized acts in the afternoon (ignition by blow torch), which constituted an intervening cause negating defendant's liability even if Rylands v. Fletcher were otherwise applicable.

Citation
[1929] SCR 537
Parties
Plaintiff/appellant: Stephen; Defendant/respondent: McNeill
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 February 1929
Procedural Posture
Tort — Negligence / Fire (rylands V. Fletcher Invoked) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Appeal dismissed with costs
Legal Topics
Escape of Fire, Rylands V. Fletcher, Unauthorized Act of Third Person, Causation, Findings of Fact
Source Language
English
Torts Negligence Property Damage Strict Liability Escape of Fire Rylands V. Fletcher Unauthorized Act of Third Person Causation +1 more

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Parties

Stephen

Plaintiff/appellant

McNeill

Defendant/respondent

Procedural Posture

Tort — Negligence / Fire (rylands V. Fletcher Invoked) / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether defendant was liable for fire damage originating from defendant's premises
  2. 2 Whether the doctrine in Rylands v. Fletcher applied
  3. 3 Whether the fire was caused by an unauthorized act of a third person (Ferguson)

Ratio Decidendi

Appeal dismissed because the court was satisfied on the facts that the fire resulted from Ferguson's unauthorized acts in the afternoon (ignition by blow torch), which constituted an intervening cause negating defendant's liability even if Rylands v. Fletcher were otherwise applicable.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.