Gillespie Grain Co. v. Kuproski

Gillespie Grain Co. v. Kuproski

The employer (Gillespie Grain) is liable because Colby, though he allowed Wilkie to operate the truck, remained in charge as employee and breached his duty to keep a proper lookout and to exercise control to prevent negligent driving; that negligence was an effective cause of the collision and death, and therefore vicarious liability attaches to the employer.

Citation
[1935] SCR 13
Parties
Appellant; Defendant; Employer of Colby: Gillespie Grain Company Limited; Respondent; Plaintiff; Administratrix of Deceased's Estate: Albina Kuproski; Defendant; Owner of Eastbound Car: North Star Oil Limited; Defendant; Driver of Eastbound Car: R. L. M. Hart; Defendant; Employee in Charge of Truck: George Colby; Defendant; Actual Driver of Truck at Time of Collision: Alex (George) Wilkie
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 November 1934
Procedural Posture
Tort Negligence (wrongful Death) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal dismissed; judgment of the Appellate Division affirmed
Legal Topics
Master and Servant, Scope of Employment, Duty to Keep Lookout, Delegation of Driving, Quantum of Damages, Wrongful Death
Source Language
English
Torts Negligence Vicarious Liability Motor Vehicle Law Master and Servant Scope of Employment Duty to Keep Lookout Delegation of Driving +2 more

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Parties

Gillespie Grain Company Limited

Appellant; Defendant; Employer of Colby

Albina Kuproski

Respondent; Plaintiff; Administratrix of Deceased's Estate

North Star Oil Limited

Defendant; Owner of Eastbound Car

R. L. M. Hart

Defendant; Driver of Eastbound Car

George Colby

Defendant; Employee in Charge of Truck

Alex (George) Wilkie

Defendant; Actual Driver of Truck at Time of Collision

Procedural Posture

Tort Negligence (wrongful Death) / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether drivers Hart and Wilkie were negligent
  2. 2 Whether Colby, as employee in charge, was negligent in failing to keep lookout and control
  3. 3 Whether Colby’s permitting Wilkie to drive was outside the scope of Colby’s employment so as to absolve the employer

Ratio Decidendi

The employer (Gillespie Grain) is liable because Colby, though he allowed Wilkie to operate the truck, remained in charge as employee and breached his duty to keep a proper lookout and to exercise control to prevent negligent driving; that negligence was an effective cause of the collision and death, and therefore vicarious liability attaches to the employer.

Court Disposition

Appeal dismissed; judgment of the Appellate Division affirmed

Orders

  • Appeal dismissed with costs to respondent Albina Kuproski
  • Judgment for respondent affirmed in total amount $24,100