Kingston and Bath Road Co. v. Campbell

Kingston and Bath Road Co. v. Campbell

The jury found the chain was habitually used and placed across the public plank and that the collector acted following company practice/direction; the majority held that under those findings the company was liable for the nuisance/defect and resulting injury and the appellate courts should not disturb the verdict....

Source-derived case information.

Citation
(1892) 20 SCR 605
Parties
Appellant/defendant: Kingston and Bath Road Company; Respondent/plaintiff: Hannah Mary Campbell; Co Defendant/toll Collector (defaulted): Joseph Ryder
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 May 1892
Procedural Posture
Torts (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario (trial Verdict Appealed)
Outcome
Appeal dismissed; judgment for respondent affirmed
Legal Topics
Negligence, Occupier/owner Liability, Vicarious Liability/servant Versus Lessee, Public Highway Use, Corporate Power to Lease Tolls
Source Language
english
Torts Property Law Agency/employment Law Statutory Interpretation Negligence Occupier/owner Liability Vicarious Liability/servant Versus Lessee Public Highway Use +1 more

Source-derived case record

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Parties

Kingston and Bath Road Company

Appellant/defendant

Hannah Mary Campbell

Respondent/plaintiff

Joseph Ryder

Co Defendant/toll Collector (defaulted)

Procedural Posture

Torts (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario (trial Verdict Appealed)

Legal Issues

  1. 1 Whether the toll collector was the company's servant or an independent lessee and whether the company is vicariously liable for his acts
  2. 2 Whether the board walk/stoop was part of the public highway and whether plaintiff was contributorily negligent
  3. 3 Whether laying the chain across the plank constituted a nuisance/defect for which the company was liable

Ratio Decidendi

The jury found the chain was habitually used and placed across the public plank and that the collector acted following company practice/direction; the majority held that under those findings the company was liable for the nuisance/defect and resulting injury and the appellate courts should not disturb the verdict. The company's attempt to avoid liability by characterizing the collector as a lessee failed where evidence supported company control or the supply of the dangerous means.

Court Disposition

Appeal dismissed; judgment for respondent affirmed

Orders

  • Judgment for respondent (Hannah Mary Campbell) for $500 damages upheld
  • Appeal dismissed with costs to respondent