Dickie v. Campbell et al.

Dickie v. Campbell et al.

Section 17 of R.S.N.S. c.95 imposes liability on persons engaged in floating logs for actual damage caused by those operations irrespective of negligence; an owner cannot discharge that statutory liability by employing contractors; alleged misdirection was a matter for the trial court and not reviewable here; the jury award was not excessive.

Citation
(1903) 34 SCR 265
Parties
Appellant (defendant): Alfred Dickie; Respondents (plaintiffs): Foster Campbell and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 December 1903
Procedural Posture
Tort — Property Damage (floating Logs) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia; Judgment Affirmed
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.
Legal Topics
Liability for Floating Logs, Strict/statutory Liability Vs Negligence, Principal Liability for Contractors Under Statute, New Trial for Alleged Misdirection
Source Language
English
Torts Property Statutory Interpretation Civil Procedure Liability for Floating Logs Strict/statutory Liability Vs Negligence Principal Liability for Contractors Under Statute New Trial for Alleged Misdirection

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Parties

Alfred Dickie

Appellant (defendant)

Foster Campbell and Others

Respondents (plaintiffs)

Procedural Posture

Tort — Property Damage (floating Logs) / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia; Judgment Affirmed

Legal Issues

  1. 1 Whether R.S.N.S. (1900) c.95 s.17 imposes liability for damages caused by floating logs irrespective of negligence
  2. 2 Whether the owner can escape liability by employing independent contractors to conduct the log drive
  3. 3 Whether alleged misdirection in the trial judge's charge warranted a new trial

Ratio Decidendi

Section 17 of R.S.N.S. c.95 imposes liability on persons engaged in floating logs for actual damage caused by those operations irrespective of negligence; an owner cannot discharge that statutory liability by employing contractors; alleged misdirection was a matter for the trial court and not reviewable here; the jury award was not excessive.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Supreme Court of Nova Scotia affirmed