Turcotte v. Ryan

Turcotte v. Ryan

The accident was caused by the servant's fault while performing duties in the course of his employment; therefore the master is jointly and severally liable for the damages — appeal dismissed and lower court judgment affirmed.

Citation
(1907) 39 SCR 8
Parties
Appellant (defendant): Rudolphe Turcotte; Appellant (defendant): Charles Desjardins; Respondents (plaintiffs): Catherine Ryan and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 May 1907
Procedural Posture
Civil Tort — Wrongful Death (master and Servant) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of the Court of King's Bench affirmed.
Legal Topics
Master and Servant Liability, Negligent Driving, Employer Liability, Vicarious Liability, Death of Pedestrian
Source Language
English
Labour Law Tort Law Agency/vicarious Liability Master and Servant Liability Negligent Driving Employer Liability Vicarious Liability Death of Pedestrian

Case Brief

Summary, issues, holding and outcome

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Parties

Rudolphe Turcotte

Appellant (defendant)

Charles Desjardins

Appellant (defendant)

Catherine Ryan and Others

Respondents (plaintiffs)

Procedural Posture

Civil Tort — Wrongful Death (master and Servant) / Appeal to Supreme Court of Canada From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether employer is vicariously liable for negligent driving by employee while using employee-owned horse hitched to employer-owned vehicle and harness
  2. 2 Whether the employee was acting in the course of employment at the time of the accident
  3. 3 Whether the ownership of the horse by the servant and loan of vehicle/harness to him absolves the master of liability

Ratio Decidendi

The accident was caused by the servant's fault while performing duties in the course of his employment; therefore the master is jointly and severally liable for the damages — appeal dismissed and lower court judgment affirmed.

Court Disposition

Appeal dismissed with costs; judgment of the Court of King's Bench affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of King's Bench, appeal side, Province of Quebec affirmed