J. & R. Weir Limited v. Lunham & Moore Shipping Limited

J. & R. Weir Limited v. Lunham & Moore Shipping Limited

Defendant-appellant was solely liable because it negligently left a substantial quantity of a known inflammable degreasing mixture on the tank top while its employees operated an acetylene torch nearby; plaintiff's procurement of the fluid and presence of its representative did not constitute a direct causal fault when defendant had undertaken and executed the removal work.

Citation
[1958] SCR 46
Parties
Defendant Appellant: J. & R. Weir Limited; Plaintiff Respondent (assignee of Melan Shipping Company Limited): Lunham & Moore Shipping Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 December 1957
Procedural Posture
Torts Negligence (fire Damage) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Province of Quebec (on Appeal From Superior Court)
Outcome
Appeals dismissed; judgment for plaintiff/respondent against defendant/appellant.
Legal Topics
Fire Damage, Contributory Negligence, Duty of Care of Skilled Contractors, Causation, Allocation of Liability
Source Language
English
Torts Negligence Maritime/ship Repair Fire Damage Contributory Negligence Duty of Care of Skilled Contractors Causation Allocation of Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

J. & R. Weir Limited

Defendant Appellant

Lunham & Moore Shipping Limited

Plaintiff Respondent (assignee of Melan Shipping Company Limited)

Procedural Posture

Torts Negligence (fire Damage) / Appeal to Supreme Court of Canada From Court of Queen's Bench, Province of Quebec (on Appeal From Superior Court)

Legal Issues

  1. 1 Whether defendant was negligent in leaving inflammable degreasing fluid and resuming oxy/acetylene operations near it
  2. 2 Whether plaintiff's procurement/placement of the degreasing fluid constituted contributory negligence
  3. 3 Whether there was causal link between any plaintiff fault and the fire

Ratio Decidendi

Defendant-appellant was solely liable because it negligently left a substantial quantity of a known inflammable degreasing mixture on the tank top while its employees operated an acetylene torch nearby; plaintiff's procurement of the fluid and presence of its representative did not constitute a direct causal fault when defendant had undertaken and executed the removal work.

Court Disposition

Appeals dismissed; judgment for plaintiff/respondent against defendant/appellant.

Orders

  • Appeals dismissed with costs
  • Judgment for plaintiff in the amount of $10,516.37