Bodnoff v. Canadian Pacific Ry. Co.

Bodnoff v. Canadian Pacific Ry. Co.

Because the shipment was governed by an approved Live Stock Special Contract making carriage at owner's risk, and because the shipper failed to perform the contractual obligation to attend and care for the animals (and employees who intervened must be treated as the shipper's agents), the carrier was relieved of liability for the deaths; article 1681 C.C. and the Railway Act give effect to the special contract over article 1675 C.C., so the appeal is dismissed.

Citation
[1946] SCR 392
Parties
Appellant / Plaintiff: Benjamin Bodnoff; Respondent / Defendant: Canadian Pacific Railway Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 April 1946
Procedural Posture
Civil Appeal (transportation / Carrier Liability) / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs.
Legal Topics
Live Stock Special Contract, Owner's Risk, Carrier Liability, Exculpatory Clauses, Shipper's Duty to Attend, Temporary Partitions, Civil Code Articles 1675 and 1681, Railway Act / Tariffs
Source Language
English
Transportation Contract Law Agency Tort / Negligence Statutory Interpretation Live Stock Special Contract Owner's Risk Carrier Liability +5 more

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Parties

Benjamin Bodnoff

Appellant / Plaintiff

Canadian Pacific Railway Company

Respondent / Defendant

Procedural Posture

Civil Appeal (transportation / Carrier Liability) / Appeal to Supreme Court of Canada From Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the carrier was liable for death of two horses transported under a Live Stock Special Contract that limited liability and provided shipment at owner's risk
  2. 2 Whether the shipper's failure to have an attendant perform contractual duties was the proximate cause of loss
  3. 3 Whether railway or stockyard employees who erected a partition acted as agents of the carrier or as agents of the shipper

Ratio Decidendi

Because the shipment was governed by an approved Live Stock Special Contract making carriage at owner's risk, and because the shipper failed to perform the contractual obligation to attend and care for the animals (and employees who intervened must be treated as the shipper's agents), the carrier was relieved of liability for the deaths; article 1681 C.C. and the Railway Act give effect to the special contract over article 1675 C.C., so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.