Toronto Ry. Co. v. Paget

Toronto Ry. Co. v. Paget

Section 116 of the Ontario Railway Act 1906 and section 17 of the Toronto Railway Company special Act are not inconsistent and can be read together; accordingly a conductor or train servant may lawfully expel a passenger who refuses to pay his fare provided no unnecessary force is used; where a servant uses unnecessary or excessive force in effecting removal and causes injury the company is vicariously liable; the jury finding of excessive violence supports the damages verdict.

Citation
(1909) 42 SCR 488
Parties
Appellant/defendant: Toronto Railway Company; Respondent/plaintiff: Francis John Paget
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 December 1909
Procedural Posture
Appeal to Supreme Court of Canada (tort/personal Injury) / On Appeal From Court of Appeal for Ontario; Judgment Below Affirmed
Outcome
Appeal dismissed with costs; judgment of courts below affirmed
Legal Topics
General Act Vs Special Act, Inconsistency/repugnancy, Expulsion of Passenger for Non Payment of Fare, Liability for Servant's Excessive Force, Res Gestae/admissibility of Statements, Damages Assessment
Source Language
English
Statutory Interpretation Tort (personal Injury) Railway Regulation Agency/vicarious Liability Evidence General Act Vs Special Act Inconsistency/repugnancy Expulsion of Passenger for Non Payment of Fare +3 more

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Parties

Toronto Railway Company

Appellant/defendant

Francis John Paget

Respondent/plaintiff

Procedural Posture

Appeal to Supreme Court of Canada (tort/personal Injury) / On Appeal From Court of Appeal for Ontario; Judgment Below Affirmed

Legal Issues

  1. 1 Whether section 116 of the Ontario Railway Act (1906) authorizes conductors/servants to expel passengers who refuse to pay fare despite a prior special Act providing a fine only
  2. 2 Whether section 116 is inconsistent with section 17 of the Toronto Railway Company special Act so as to be inoperative under s.5 of the Railway Act
  3. 3 Whether the company is vicariously liable for excessive or unnecessary violence used by its servant in ejecting a passenger

Ratio Decidendi

Section 116 of the Ontario Railway Act 1906 and section 17 of the Toronto Railway Company special Act are not inconsistent and can be read together; accordingly a conductor or train servant may lawfully expel a passenger who refuses to pay his fare provided no unnecessary force is used; where a servant uses unnecessary or excessive force in effecting removal and causes injury the company is vicariously liable; the jury finding of excessive violence supports the damages verdict.

Court Disposition

Appeal dismissed with costs; judgment of courts below affirmed

Orders

  • Appeal dismissed with costs
  • Judgment for plaintiff upheld: $2,500 damages