Canadian National Ry. Co. v. Harris

Canadian National Ry. Co. v. Harris

The Live Stock Special Contract and incorporated Classification do not relieve the carrier of liability for this kind of deliberate mutilation absent proof that the loss was caused by an excepted peril or by the shipper's failure to provide an attendant that actually caused or contributed to the loss; the carrier, having invoked contractual exceptions, bore the onus to establish the cause and failed to do so, so the delivery in mutilated condition constituted breach and respondent recovered damages.

Citation
[1946] SCR 352
Parties
Appellant / Defendant: Canadian National Railway Company; Respondent / Plaintiff: Joseph Harris
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 April 1946
Procedural Posture
Civil Appeal — Carrier Liability Under Special Live Stock Contract / Supreme Court of Canada on Appeal From Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed; judgment for respondent (Harris) affirmed
Legal Topics
Live Stock Special Contract, Carrier's Risk Vs Owner's Risk, Burden of Proof, Construction of Approved Tariff/classification, Common Carrier Liability, Attendant Obligation
Source Language
English
Transportation Law Contract Law Tort — Negligence Commercial Law Live Stock Special Contract Carrier's Risk Vs Owner's Risk Burden of Proof Construction of Approved Tariff/classification +2 more

Case Brief

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Parties

Canadian National Railway Company

Appellant / Defendant

Joseph Harris

Respondent / Plaintiff

Procedural Posture

Civil Appeal — Carrier Liability Under Special Live Stock Contract / Supreme Court of Canada on Appeal From Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether carrier liable for mutilation (tails cut) of horses in transit
  2. 2 Construction and effect of Live Stock Special Contract and incorporated Classification/Tariff
  3. 3 Whether shipment carried at "owner's risk" absolves carrier of liability for damage including negligence

Ratio Decidendi

The Live Stock Special Contract and incorporated Classification do not relieve the carrier of liability for this kind of deliberate mutilation absent proof that the loss was caused by an excepted peril or by the shipper's failure to provide an attendant that actually caused or contributed to the loss; the carrier, having invoked contractual exceptions, bore the onus to establish the cause and failed to do so, so the delivery in mutilated condition constituted breach and respondent recovered damages.

Court Disposition

Appeal dismissed; judgment for respondent (Harris) affirmed

Orders

  • Respondent awarded damages in amount of $200
  • Appeal dismissed with costs