Sherlock v. The Grand Trunk Railway Co.

Sherlock v. The Grand Trunk Railway Co.

Regulation No.151 was within the express regulatory powers conferred on the Board by s.340 of the Railway Act and, being duly published, operated to limit the railway's liability for loss of personal baggage to $100 absent a declared higher value and prepayment of charges; a passenger who accepts a baggage check is...

Source-derived case information.

Citation
(1921) 62 SCR 328
Parties
Appellant/plaintiff: Ada Sherlock; Respondent/defendant: The Grand Trunk Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1921
Procedural Posture
Civil Appeal to Supreme Court of Canada / On Appeal From Appellate Division of the Supreme Court of Ontario; Final Judgment
Outcome
Appeal dismissed with costs; judgment of Appellate Division affirmed.
Legal Topics
Limitation of Carrier Liability, Carriage of Personal Baggage, Powers of Board of Railway Commissioners, Validity of Regulatory Orders, Effect of Baggage Checks
Source Language
english
Railway Law Administrative Law Contract Law Tort (negligence) Statutory Interpretation Limitation of Carrier Liability Carriage of Personal Baggage Powers of Board of Railway Commissioners +2 more

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Parties

Ada Sherlock

Appellant/plaintiff

The Grand Trunk Railway Company

Respondent/defendant

Procedural Posture

Civil Appeal to Supreme Court of Canada / On Appeal From Appellate Division of the Supreme Court of Ontario; Final Judgment

Legal Issues

  1. 1 Whether Board of Railway Commissioners Regulation No.151 can limit carrier liability for loss of personal baggage to $100
  2. 2 Whether a passenger is bound by conditions printed on a baggage check not expressed on the ticket and not drawn to passenger's attention
  3. 3 Whether s.284(7) (right of action for negligence) is displaced or limited by Board regulation under s.340

Ratio Decidendi

Regulation No.151 was within the express regulatory powers conferred on the Board by s.340 of the Railway Act and, being duly published, operated to limit the railway's liability for loss of personal baggage to $100 absent a declared higher value and prepayment of charges; a passenger who accepts a baggage check is legally bound by conditions on it and s.284(7) is subject to the Act and thus does not invalidate a valid Board regulation limiting liability.

Court Disposition

Appeal dismissed with costs; judgment of Appellate Division affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of Appellate Division of the Supreme Court of Ontario affirmed.