Robertson v. Grand Trunk Railway Co. of Canada

Robertson v. Grand Trunk Railway Co. of Canada

The special contract's general wording "shall in no case be responsible" covers loss however caused including loss by negligence; s.246(3) prohibits contractual exemption from liability for negligence but does not preclude a carrier from entering a special contract that limits the monetary amount recoverable for loss — therefore plaintiff's recovery is limited to the agreed $100.

Citation
(1895) 24 SCR 611
Parties
Appellant / Plaintiff: George D. Robertson; Respondent / Defendant: The Grand Trunk Railway Company of Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1895
Procedural Posture
Civil Appeal (tort/negligence; Carriage of Goods) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed
Legal Topics
Limitation of Liability, Special Contract, Carrier's Liability, Tariff Approval, Exemption Clauses
Source Language
English
Railway Law Contract Law Tort Negligence Statutory Interpretation Carriage of Goods Limitation of Liability Special Contract Carrier's Liability +2 more

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Parties

George D. Robertson

Appellant / Plaintiff

The Grand Trunk Railway Company of Canada

Respondent / Defendant

Procedural Posture

Civil Appeal (tort/negligence; Carriage of Goods) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether a special contract limiting monetary liability covers loss caused by negligence of the carrier's servants
  2. 2 Whether s.246(3) of the Railway Act, 1888 prevents a railway company from limiting the amount of damages recoverable for loss caused by negligence
  3. 3 Whether the clause "shall in no case be responsible" is sufficiently comprehensive to cover loss however caused

Ratio Decidendi

The special contract's general wording "shall in no case be responsible" covers loss however caused including loss by negligence; s.246(3) prohibits contractual exemption from liability for negligence but does not preclude a carrier from entering a special contract that limits the monetary amount recoverable for loss — therefore plaintiff's recovery is limited to the agreed $100.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed

Orders

  • Appeal dismissed with costs