Greer v. Canadian Pacific Rway. Co.

Greer v. Canadian Pacific Rway. Co.

Majority held that burning worn-out ties on the railway right-of-way, performed in the course of discharging the statutory duty to clear combustible matter (s.297), falls within the phrase "construction or operation of the railway" in s.306 and therefore actions for damage resulting from such conduct are time-barred after one year; sub-section 4 does not prevent application of the one-year limitation.

Citation
(1915) 51 SCR 338
Parties
Appellant / Plaintiff: John S. Greer; Respondent / Defendant: The Canadian Pacific Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1915
Procedural Posture
Civil Appeal (tort/property Damage) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario
Outcome
Appeal dismissed; judgment of the Appellate Division affirmed.
Legal Topics
Limitation of Actions, Operation of Railway, Duty to Clear Right of Way, Fire Damage, Railway Act S.297 and S.306
Source Language
English
Transportation Torts Civil Procedure Statutory Interpretation Limitation of Actions Operation of Railway Duty to Clear Right of Way Fire Damage +1 more

Case Brief

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Parties

John S. Greer

Appellant / Plaintiff

The Canadian Pacific Railway Company

Respondent / Defendant

Procedural Posture

Civil Appeal (tort/property Damage) / On Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Ontario

Legal Issues

  1. 1 Whether burning worn-out ties on a railway right-of-way is part of the "construction or operation of the railway" under s.306
  2. 2 Whether s.306’s one-year limitation applies to damage caused by negligence in such burning
  3. 3 Whether s.306 applies where the act violates provincial fire-prevention legislation

Ratio Decidendi

Majority held that burning worn-out ties on the railway right-of-way, performed in the course of discharging the statutory duty to clear combustible matter (s.297), falls within the phrase "construction or operation of the railway" in s.306 and therefore actions for damage resulting from such conduct are time-barred after one year; sub-section 4 does not prevent application of the one-year limitation.

Court Disposition

Appeal dismissed; judgment of the Appellate Division affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division affirmed