Grand Trunk Railway Co. v. Labrèche

Grand Trunk Railway Co. v. Labrèche

Majority held there was no evidence the company used its statutory right negligently or unreasonably at the accident site, s.309 did not apply to the location, and the determining cause of death was the deceased's act in jumping into the path of the train; accordingly the verdict finding fault in speed was unreasonable and the appeal must be allowed.

Citation
(1922) 64 SCR 15
Parties
Appellant/defendant: Grand Trunk Railway Co.; Respondent/plaintiff: Dame Florida Labrèche
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 May 1922
Procedural Posture
Civil Torts / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec
Outcome
Appeal allowed; judgment of courts below set aside; action dismissed.
Legal Topics
Excessive Speed, Contributory Negligence, Railway Act S.309, Railway Yard Safety, Jury Verdict Review, Causation
Source Language
English
Torts Railway Law Negligence Statutory Interpretation Excessive Speed Contributory Negligence Railway Act S.309 Railway Yard Safety +2 more

Case Brief

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Parties

Grand Trunk Railway Co.

Appellant/defendant

Dame Florida Labrèche

Respondent/plaintiff

Procedural Posture

Civil Torts / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether the railway company is liable for negligent or unreasonable use of its statutory right to operate trains
  2. 2 Whether s.309 of the Railway Act (speed limit 10 mph in thickly populated areas) applies to the Turcot yard location
  3. 3 Whether the speed of 25 mph was the proximate cause of death or whether the deceased's act was the determining cause

Ratio Decidendi

Majority held there was no evidence the company used its statutory right negligently or unreasonably at the accident site, s.309 did not apply to the location, and the determining cause of death was the deceased's act in jumping into the path of the train; accordingly the verdict finding fault in speed was unreasonable and the appeal must be allowed.

Court Disposition

Appeal allowed; judgment of courts below set aside; action dismissed.

Orders

  • Appeal allowed with costs
  • Action dismissed