Trust Général du Canada v. St. Jacques

Trust Général du Canada v. St. Jacques

The employer's failure to maintain the electric light that should have illuminated the gangway constituted negligence under Art.1053 C.C. making the master liable for the employee's injury; however the employee's conduct warranted partial contribution, so damages were apportioned with the employer bearing four‑fifths.

Citation
[1931] SCR 711
Parties
Defendant Appellant: Trust Général du Canada; Plaintiff Respondent: St. Jacques
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 May 1931
Procedural Posture
Tort Negligence Appeal / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (on Appeal From Superior Court)
Outcome
Appeal dismissed; judgment of the lower courts affirmed with apportionment of damages.
Legal Topics
Insufficient Lighting, Duty to Maintain Premises, Contributory Negligence, Division of Damages, Civil Code Article 1053
Source Language
English
Torts Negligence Employer Liability Occupational Safety Insufficient Lighting Duty to Maintain Premises Contributory Negligence Division of Damages +1 more

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Parties

Trust Général du Canada

Defendant Appellant

St. Jacques

Plaintiff Respondent

Procedural Posture

Tort Negligence Appeal / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (on Appeal From Superior Court)

Legal Issues

  1. 1 Whether employer/master was negligent for failing to maintain electric light leading to employee injury
  2. 2 Whether the employee's own conduct contributed to the accident and warrants apportionment of damages
  3. 3 Whether liability under Civil Code article 1053 applies to failure to maintain safe workplace lighting

Ratio Decidendi

The employer's failure to maintain the electric light that should have illuminated the gangway constituted negligence under Art.1053 C.C. making the master liable for the employee's injury; however the employee's conduct warranted partial contribution, so damages were apportioned with the employer bearing four‑fifths.

Court Disposition

Appeal dismissed; judgment of the lower courts affirmed with apportionment of damages.

Orders

  • Appeal dismissed
  • Judgment for plaintiff in damages fixed at $3,000